assumption defense (Louisiana) · Go Syfert
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assumption defense in Louisiana

22 Louisiana opinions name it 1 courts 1965–2015 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 (2)

CaseFollowedCited
Walley v. Vargasgreen
lactapp · 2012 · cited in 2 Louisiana opinions naming this issue, 2015–2015
2 sentences

2015“Unusual, extreme, and high care toward favored traffic is required of such a motorist under the case law.” Walley v. Vargas, 12-0022, p. 17 (La.App. 1 Cir. 9/21/12), 104 So.3d 93, 105 (collecting cases). 8 “Conversely, the duty of the driver on the favored street toward the intruding motorist is the much-lesser ordinary care, and that driver generally may rely on the assumption or presumption that those vehicles entering the roadway from less-favored positions such as a private drive will not drive into the path of favored traffic.” Walley , 12-0022 at p. 17, 104 So.3d at 105 .

2015“Unusual, extreme, and high care toward favored traffic is required of such a motorist under the case law.” Walley v. Vargas, 12-0022, p. 17 (La.App. 1 Cir. 9/21/12), 104 So.3d 93, 105 (collecting cases). 8 “Conversely, the duty of the driver on the favored street toward the intruding motorist is the much-lesser ordinary care, and that driver generally may rely on the assumption or presumption that those vehicles entering the roadway from less-favored positions such as a private drive will not drive into the path of favored traffic.” Walley , 12-0022 at p. 17, 104 So.3d at 105 .

12
Este v. Rousselgreen
lactapp · 2002 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015Nonetheless, “[p]references on favored streets created by statutes, signal, or signs, do not relieve the driver traveling on the favored street from ordinary care.” Este v. Roussel, 01-1859, p. 12 (La.App. 4 Cir. 11/6/02), 833 So.2d 999, 1007-08 (citing Kirk v. Allstate Ins.

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 (11)

CaseCitedYears
State v. Williams green
la · 1980
2 sentences

2014State v. Williams, 384 So.2d 779 (La.1980).

1999Furthermore, the trial court cannot rely on an assumption that defense counsel adequately informed the defendant of his rights. *121 State v. Williams, 384 So.2d 779 (La.1980); State v. Morrison, supra .

141992–2014
State v. Morrison green
lactapp · 1992
2 sentences

2009State v. Williams, 384 So.2d 779 (La.1980); Morrison, supra. [[Image here]] In Dodson’s case, the judge left off the word “cross” before the word “examine” and added the phrase “during the course of the trial” to his advice.

1999Furthermore, the trial court cannot rely on an assumption that defense counsel adequately informed the defendant of his rights. *121 State v. Williams, 384 So.2d 779 (La.1980); State v. Morrison, supra .

81999–2009
State v. MARKRAY neutral
lactapp · 2010
1 sentence

2014State v. Markray, 45,129 (La.App.2d Cir.4/21/10), 35 So.3d 453 .

12014–2014
State v. Crosby green
la · 1976
2 sentences

2012Crosby, 338 So.2d at 591 . "[H]e should not be able to obtain a reversal, despite his admitted guilt, because an incidental ruling may be erroneous but might not in the light of a full trial record constitute a cause for reversal.” Id. .

2012Crosby, 338 So.2d at 591 . "[H]e should not be able to obtain a reversal, despite his admitted guilt, because an incidental ruling may be erroneous but might not in the light of a full trial record constitute a cause for reversal.” Id. .

12012–2012
Migues v. Hebert neutral
lactapp · 1994
1 sentence

2012James , 2010-0581 at p. 6; Corvers, 673 So.2d at 1090 ; Migues, 640 So.2d at 672 .

12012–2012
Corvers v. Acme Truck Lines green
lactapp · 1996
1 sentence

2012James , 2010-0581 at p. 6; Corvers, 673 So.2d at 1090 ; Migues, 640 So.2d at 672 .

12012–2012
State v. Guzman green
la · 2000
1 sentence

2006State v. Williams, 384 So.2d 779 (La.1980); State v. Morrison, supra. While the Louisiana Supreme Court held in State v. Guzman, 99-1753, 99-1528 (La.5/16/00), 769 So.2d 1158 , that deficiencies in a guilty plea in violation of La.

12006–2006
State v. Age green
la · 1982
1 sentence

1999In State v. Age, 417 So.2d 1183 (La. 1981), Justice Calogero, writing for the court on rehearing, held that "[a] record only evidencing a general advisement of the right to trial and the waiver thereof does not affirmatively show that the defendant knowingly and voluntarily waived his right to trial by jury. " (Emphasis original.) In that case, the defendant argued on appeal that the trial court erred in finding him a multiple offender.

11999–1999
Wallace v. Helmer Directional Drilling, Inc. neutral
lactapp · 1992
1 sentence

1994FACTS The facts of this case were previously recited by this court in Wallace v. Helmer Directional Drilling, Inc., 600 So.2d 142 (La.

11994–1994
Davis v. Galilee Baptist Church green
lactapp · 1986
1 sentence

1990Davis v. Galilee Baptist Church, 486 So.2d 1021 (La.App. 2d Cir.1986).

11990–1990
Ullmann v. United States green
scotus · 1956
2 sentences

1965The Court there said: "At the outset we must condemn the practice of imputing a sinister meaning to the exercise of a person's constitutional right under the Fifth Amendment." And further the Court said: "In Ullmann v. United States, 350 U.S. 422 , 76 S.Ct. 497 [ 100 L.Ed. 511 ], we scored the assumption that those who claim this privilege are either criminals or perjurers." The point should be made clear, appellant Callahan was not disqualified from State Civil Service employment under any assumption or implication of guilt of charges against him as a result of his having invoked the Fifth Am

1965The Court there said: "At the outset we must condemn the practice of imputing a sinister meaning to the exercise of a person's constitutional right under the Fifth Amendment." And further the Court said: "In Ullmann v. United States, 350 U.S. 422 , 76 S.Ct. 497 [ 100 L.Ed. 511 ], we scored the assumption that those who claim this privilege are either criminals or perjurers." The point should be made clear, appellant Callahan was not disqualified from State Civil Service employment under any assumption or implication of guilt of charges against him as a result of his having invoked the Fifth Am

11965–1965

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:529.1 (4) LA § La. Rev. Stat. § 40:967 (4)

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

IL 41 (1882–2024) NY 41 (1878–2025) CA 23 (1917–2020) LA 22 (1965–2015) TX 19 (1919–2022) IA 17 (1923–2005) MO 12 (1856–1998) OR 10 (1918–2025) AL 10 (1918–2009) KS 10 (1896–2018) FL 10 (1933–2017) RI 10 (1932–2001) NJ 9 (1930–2020) OK 9 (1931–1998) CT 8 (1908–2022) PA 8 (1933–2010) MI 8 (1935–1993) CO 8 (1897–2004) HI 7 (1941–2010) MD 6 (1940–2022) WI 5 (1903–1986) MA 5 (1942–2010) IN 4 (1907–1999) ME 4 (1935–2008) GA 4 (1935–2022) WA 4 (1933–1992) MN 4 (1890–1994) UT 4 (1899–2024) NE 3 (1932–1936) AZ 3 (1908–1996) KY 3 (1950–2013) NH 2 (1989–1993) AR 2 (1958–2009) MS 2 (2009–2020) SD 2 (1960–1984) SC 2 (1991–2021) MT 2 (1909–1993) OH 2 (1940–2021)

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.

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