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21 Louisiana opinions name it 1 courts 1986–2019 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.
| Case | Followed | Cited |
|---|---|---|
Mart v. Hillgreen2 sentences2019Our review must apply a two-tier test in order to reverse the findings of the trial court: (1) "the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court," and (2) "the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous)." Id . at 1282 (quoting Mart v. Hill , 505 So.2d 1120 (La.1987) ). 2019Our review must apply a two-tier test in order to reverse the findings of the trial court: (1) "the appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court," and (2) "the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous)." Id . at 1282 (quoting Mart v. Hill , 505 So.2d 1120 (La.1987) ). | 3 | 11 |
Stobart v. State Through DOTDgreen2 sentences2002In Stobart v. State Through DOTD, 617 So.2d 880 (La.1993), the Louisiana Supreme Court established a two-tier test for reversal on appellate review: (1) The appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous). 1998Stobart v. State, Through Department of Transportation and Development, supra ; Broussard v. Romero, supra . | 1 | 9 |
State v. Fullergreen1 sentence1986See also State v. Fuller, 454 So.2d 119 (La.1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lewis v. STATE, DEPT. OF TRANSPORTATION & DEV.
green
2 sentences2000Mart v. Hill, 505 So.2d 1120 (La.1987); Lewis v. State, through DOTD, 654 So.2d 311 (La. 1995). 1999Lewis v. State Through Dept. of Transp. and Development, 654 So.2d at 314 (citing Mart v. Hill, 505 So.2d 1120 (La.1987)). | 4 | 1996–2000 |
Graham v. Ogden
green
1 sentence1993Id., 353 So.2d at 673 ; and Graham v. Ogden, supra. Therefore, when a claim of excessive force is brought against a law enforcement officer by an arrestee under Louisiana law, a single legal standard with a two-tier analysis must be applied. | 1 | 1993–1993 |
Kyle v. City of New Orleans
green
2 sentences1993Id., 353 So.2d at 673 ; and Graham v. Ogden, supra. Therefore, when a claim of excessive force is brought against a law enforcement officer by an arrestee under Louisiana law, a single legal standard with a two-tier analysis must be applied. 1993Id., 353 So.2d at 673 ; and Graham v. Ogden, supra. Therefore, when a claim of excessive force is brought against a law enforcement officer by an arrestee under Louisiana law, a single legal standard with a two-tier analysis must be applied. | 1 | 1993–1993 |
Strickland v. Washington
green
2 sentences1986The two-tier test to be used to determine whether counsel was ineffective was set forth by the U.S. Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1986The two-tier test to be used to determine whether counsel was ineffective was set forth by the U.S. Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1986–1986 |
Reck v. Stevens
green
1 sentence1986Using the two-tier analysis outlined in Reck v. Stevens, supra, we conclude these awards are excessive. | 1 | 1986–1986 |
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.