relaxed evidentiary standard (Louisiana) · Go Syfert
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relaxed evidentiary standard in Louisiana

21 Louisiana opinions name it 2 courts 1998–2024 3 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 (3)

CaseFollowedCited
S.L.B. v. C.E.B.green
lactapp · 2018 · cited in 1 Louisiana opinions naming this issue, 2024–2024
1 sentence

2024App. 4 Cir. 7/27/18), 252 So.3d 950, 966 (quoting Bowden v. Brown, 48,268, p. 17 (La.

11
La. Household Goods v. La. Public Serv.green
la · 2000 · cited in 1 Louisiana opinions naming this issue, 2018–2018
1 sentence

2018See , e.g., Louisiana Household Goods Carriers v. Louisiana Public Service Commission , 99-3184 (La. 6/30/00), 762 So.2d 1081 (holding the Louisiana Public Service Commission had broad discretion to admit evidence that would not be admissible in a judicial proceeding, provided the evidence is probative and relevant).

11
Loucious v. Crest Industriesgreen
lactapp · 2015 · cited in 1 Louisiana opinions naming this issue, 2016–2016
1 sentence

2016However, to ensure the reliability of factual findings, the Legislature has mandated that the hearing officer’s findings be based on “competent evidence.” Loucious v. Crest Indus., 15-690, pp. 6-7 (La.App. 3 Cir. 12/16/15), 181 So.3d 956, 960 (quoting Chaisson v. Cajun Bag & Supply Co., 97-1225, p. 13 (La. 3/4/98), 708 So.2d 375, 383 ).

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
Chaisson v. Cajun Bag & Supply Co. green
la · 1998
2 sentences

2022This more relaxed evidentiary standard for workers’ compensation claims was explained in Richard v. Quality Constr. & Prod., LLC, 2018-0965, p. 6 (La. App. 3 Cir. 6/5/19), 275 So.3d 328 , 335 (quoting Chaisson, 1997-1225, p. 10, 708 So.2d at 381 ), as follows: This more relaxed standard for the admissibility of evidence is the general rule in proceedings before administrative agencies.

2018Instead, he found that it was not "competent evidence" as defined by the supreme court in Chaisson v. Cajun Bag & Supply Co. , 97-1225, p. 13 (La. 3/4/98), 708 So.2d 375 , 383 : The Legislature in fashioning a relaxed evidentiary standard for worker's compensation proceedings envisioned the broad admission of evidence that might fall outside of the technical rules of evidence. ...

101998–2022
Maryland v. Craig green
scotus · 1990
2 sentences

2009Maryland v. Craig, 497 U.S. 836 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990); Michael H.

2009Maryland v. Craig, 497 U.S. 836 , 110 S.Ct. 3157 , 111 L.Ed.2d 666 (1990); Michael H.

31999–2009
Folse v. Folse green
la · 1999
2 sentences

2007C.E. art. 1101(B) provides for a relaxed evidentiary standard to be applied in child custody proceedings to promote the purposes of those proceedings. 98-1976, p. 11, 738 So.2d at 1046 .

2007C.E. art. 1101(B) provides for a relaxed evidentiary standard to be applied in child custody proceedings to promote the purposes of those proceedings. 98-1976, p. 11, 738 So.2d at 1046 .

32006–2007
State v. Miller green
la · 1998
2 sentences

2009State v. Miller, 98-0301 (La.9/9/98), 718 So.2d 960 (where evidence of uncharged misconduct is admissible to show "lustful disposition").

2009State v. Miller, 98-0301 (La.9/9/98), 718 So.2d 960 (where evidence of uncharged misconduct is admissible to show “lustful disposition”).

22009–2009
Crowson v. Crowson green
lactapp · 1999
1 sentence

2024App. 2 Cir. 9/22/99), 742 So.2d 107, 110 , recognized that whether evidence is relevant or not is within the discretion of the trial court.

12024–2024
Richard v. Quality Constr. neutral
lactapp · 2019
1 sentence

2022This more relaxed evidentiary standard for workers’ compensation claims was explained in Richard v. Quality Constr. & Prod., LLC, 2018-0965, p. 6 (La. App. 3 Cir. 6/5/19), 275 So.3d 328 , 335 (quoting Chaisson, 1997-1225, p. 10, 708 So.2d at 381 ), as follows: This more relaxed standard for the admissibility of evidence is the general rule in proceedings before administrative agencies.

12022–2022
Charles v. Lake Charles Memorial Hospital neutral
lactapp · 2007
2 sentences

2018However, to ensure the reliability of the factual findings, the Legislature has mandated that the hearing officer's findings be based on "competent evidence." Further, despite the more relaxed nature of a worker's compensation proceeding, "the rule concerning expert testimony is more stringent [.]" Charles v. Lake Charles Mem'l Hosp. , 06-1590, p. 6 (La.App. 3 Cir. 5/30/07), 959 So.2d 571 , 576, writ denied , 07-1607 (La. 10/26/07), 959 So.2d 571 .

2018However, to ensure the reliability of the factual findings, the Legislature has mandated that the hearing officer's findings be based on "competent evidence." Further, despite the more relaxed nature of a worker's compensation proceeding, "the rule concerning expert testimony is more stringent [.]" Charles v. Lake Charles Mem'l Hosp. , 06-1590, p. 6 (La.App. 3 Cir. 5/30/07), 959 So.2d 571 , 576, writ denied , 07-1607 (La. 10/26/07), 959 So.2d 571 .

12018–2018
Bowden v. Brown neutral
lactapp · 2013
1 sentence

2018App. 2 Cir. 5/15/13), 114 So.3d 1194 , 1205.

12018–2018
Davis v. Petroleum Club of Lafayette green
la · 2002
1 sentence

2007The Louisiana Supreme Court granted writs and reversed in Davis v. Petroleum Club of Lafayette, 01-2818 (La.1/11/02), 806 So.2d 654 , stating in pertinent part: Because Wilson Joseph Davis, Sr. has not complied with the requirement of La.

12007–2007
Spreadbury v. STATE, DEPT. OF PUB. SAFETY green
lactapp · 1999
1 sentence

2001App. 1 Cir. 11/5/99), 745 So.2d 1204 , this court recognized a more relaxed evidentiary standard in an administrative hearing appeal as established by the Supreme Court in Chaisson v. Cajun Bag & Supply Co., 97-1225 (La.3/4/98), 708 So.2d 375 .

12001–2001
State in Interest of CW v. Womack neutral
lactapp · 1996
1 sentence

1999State in the Interest of CW v. Womack, 28,310 (La.App. 2 Cir. 2/28/96), 669 So.2d 700 , superceded on other grounds by LA.CH.

11999–1999
Touchard v. Williams red
la · 1993
1 sentence

1999Touchard v. Williams, 617 So.2d 885 (La.1993).

11999–1999

Statutes the citing opinions construe

LA § La. Rev. Stat. § 23:1317 (6) LA § La. Rev. Stat. § 9:361 (4) LA § La. Rev. Stat. § 9:364 (4) LA § La. Rev. Stat. § 23:1031 (3) LA § La. Rev. Stat. § 46:2132 (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 21 (1998–2024) IL 6 (2001–2001) FL 5 (1997–2024) NY 5 (1972–2024) PA 3 (2000–2026) KS 2 (2008–2014) DE 2 (2021–2021) WI 2 (2005–2009)

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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