determining claim (Louisiana) · Go Syfert
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determining claim in Louisiana

19 Louisiana opinions name it 2 courts 1912–2021 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 (2)

CaseFollowedCited
State v. Captvillegreen
la · 1984 · cited in 9 Louisiana opinions naming this issue, 2008–2021
2 sentences

2021Under this standard, the appellate court “must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Neal, [20]00-0674 (La. 6/29/01), 796 So.2d 649, 657 (citing State v. Captville, 448 So.2d 676, 678 (La. 1984)).

2021Under this standard, the appellate court “must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Neal, [20]00-0674 (La. 6/29/01), 796 So.2d 649, 657 (citing State v. Captville, 448 So.2d 676, 678 (La. 1984)).

69
State v. Nealgreen
la · 2001 · cited in 9 Louisiana opinions naming this issue, 2008–2021
2 sentences

2021Under this standard, the appellate court “must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Neal, [20]00-0674 (La. 6/29/01), 796 So.2d 649, 657 (citing State v. Captville, 448 So.2d 676, 678 (La. 1984)).

2021Under this standard, the appellate court “must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Neal, [20]00-0674 (La. 6/29/01), 796 So.2d 649, 657 (citing State v. Captville, 448 So.2d 676, 678 (La. 1984)).

69

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
Jackson v. Virginia red
scotus · 1979
2 sentences

2021This Court, in State v. Hutsell, set forth the standard for determining a claim of insufficiency of the evidence as follows: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2021This Court, in State v. Hutsell, set forth the standard for determining a claim of insufficiency of the evidence as follows: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

132008–2021
State v. Brown green
la · 2005
2 sentences

2018App. 4 Cir. 5/16/16), 194 So.3d 1160 , 1165-66 (quoting State v. Brown , 03-0897, p. 22 (La. 4/12/05), 907 So.2d 1 , 18 ), set forth the standard for determining a claim of insufficiency of the evidence as follows: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia , 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2018App. 4 Cir. 5/16/16), 194 So.3d 1160 , 1165-1166 (quoting State v. Brown , 03-0897, p. 22 (La. 4/12/05), 907 So.2d 1 , 18 ), set forth the standard for determining a claim of insufficiency of the evidence as follows: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia , 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

102008–2018
State v. Hickman green
lactapp · 2016
2 sentences

2018App. 4 Cir. 5/16/16), 194 So.3d 1160 , 1165-66 (quoting State v. Brown , 03-0897, p. 22 (La. 4/12/05), 907 So.2d 1 , 18 ), set forth the standard for determining a claim of insufficiency of the evidence as follows: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia , 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2018App. 4 Cir. 5/16/16), 194 So.3d 1160 , 1165-1166 (quoting State v. Brown , 03-0897, p. 22 (La. 4/12/05), 907 So.2d 1 , 18 ), set forth the standard for determining a claim of insufficiency of the evidence as follows: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia , 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

32018–2018
Bandy v. Bandy green
lactapp · 2007
2 sentences

2009When deciding how much weight is to be given to a minor child's testimony, this court has observed that "competency and maturity, not age, are the true determining factors." Bandy v. Bandy, 07-849, p. 14 (La.App. 3 Cir. 12/5/07), 971 So.2d 456, 465 .

2009When deciding how much weight is to be given to a minor child’s testimony, this court has |Robserved that “competency and maturity, not age, are the true determining factors.” Bandy v. Bandy, 07-849, p. 14 (La.App. 3 Cir. 12/5/07), 971 So.2d 456, 465 .

12009–2009
Hue v. Blanchard neutral
lactapp · 1976
1 sentence

1982Hue v. Blanchard, 337 So.2d 1218 (La.App. 1st Cir. 1976).

11982–1982
Odom v. Sanders neutral
lactapp · 1973
1 sentence

1973Lomenick v. Schoeffler, supra; Odom v. Sanders, 277 So.2d 188 (La.App. 4 Cir. 1973).

11973–1973
Slaughter v. Gravity Drainage District No. 4 green
lactapp · 1962
1 sentence

1967In the case of Slaughter v. Gravity Draining District No. 4, La.App., 145 So.2d 50 (3rd Cir. 1962) which involves an eleven year old child, states the law as follows: "In determining whether a body of water is an attractive nuisance in a particular case, many factors must be considered, such as the age of the child, his ability to understand and avoid dangers, whether the proprietor has reason to anticipate the presence of children, whether there was a strong likelihood of the accident and whether the danger was one other than those ordinarily encountered.

11967–1967
Union Sulphur Co. v. Lognion green
la · 1947
2 sentences

1965For example, in Mays v. Hansbro, 222 La. 957 , 64 So.2d 232 , the court, in considering the question of interruption of a right of servitude, declared: "It is unimportant whether this production was in paying quantities so long as there was some production or use of the servitude." In Union Sulphur Co. v. Lognion, 212 La. 632 , 33 So.2d 178 , although holding that mere commencement of operations is insufficient to interrupt prescription with respect to a royalty interest, the opinion declared: "* * * the date of the original royalty deed and that of production were the determining factors resp

1965For example, in Mays v. Hansbro, 222 La. 957 , 64 So.2d 232 , the court, in considering the question of interruption of a right of servitude, declared: "It is unimportant whether this production was in paying quantities so long as there was some production or use of the servitude." In Union Sulphur Co. v. Lognion, 212 La. 632 , 33 So.2d 178 , although holding that mere commencement of operations is insufficient to interrupt prescription with respect to a royalty interest, the opinion declared: "* * * the date of the original royalty deed and that of production were the determining factors resp

11965–1965
Mays v. Hansbro neutral
la · 1953
2 sentences

1965For example, in Mays v. Hansbro, 222 La. 957 , 64 So.2d 232 , the court, in considering the question of interruption of a right of servitude, declared: "It is unimportant whether this production was in paying quantities so long as there was some production or use of the servitude." In Union Sulphur Co. v. Lognion, 212 La. 632 , 33 So.2d 178 , although holding that mere commencement of operations is insufficient to interrupt prescription with respect to a royalty interest, the opinion declared: "* * * the date of the original royalty deed and that of production were the determining factors resp

1965For example, in Mays v. Hansbro, 222 La. 957 , 64 So.2d 232 , the court, in considering the question of interruption of a right of servitude, declared: "It is unimportant whether this production was in paying quantities so long as there was some production or use of the servitude." In Union Sulphur Co. v. Lognion, 212 La. 632 , 33 So.2d 178 , although holding that mere commencement of operations is insufficient to interrupt prescription with respect to a royalty interest, the opinion declared: "* * * the date of the original royalty deed and that of production were the determining factors resp

11965–1965
Union Sulphur Co. v. Andrau green
la · 1950
2 sentences

1965For example, in Mays v. Hansbro, 222 La. 957 , 64 So.2d 232 , the court, in considering the question of interruption of a right of servitude, declared: "It is unimportant whether this production was in paying quantities so long as there was some production or use of the servitude." In Union Sulphur Co. v. Lognion, 212 La. 632 , 33 So.2d 178 , although holding that mere commencement of operations is insufficient to interrupt prescription with respect to a royalty interest, the opinion declared: "* * * the date of the original royalty deed and that of production were the determining factors resp

1965For example, in Mays v. Hansbro, 222 La. 957 , 64 So.2d 232 , the court, in considering the question of interruption of a right of servitude, declared: "It is unimportant whether this production was in paying quantities so long as there was some production or use of the servitude." In Union Sulphur Co. v. Lognion, 212 La. 632 , 33 So.2d 178 , although holding that mere commencement of operations is insufficient to interrupt prescription with respect to a royalty interest, the opinion declared: "* * * the date of the original royalty deed and that of production were the determining factors resp

11965–1965
State v. Martin neutral
la · 1898
1 sentence

1912Ann. 1157 [ 24 South. 590 ], whose facts closely resemble those in this case. * * * It is contended that the verdict of acquittal carried with it, as its necessary consequence, the ex-tinguishment of the bond, independently of the date at which it was rendered, and independently of any question as to whether his appearance was a voluntary appearance after the forfeiture, or whether he had been surrendered by his surety, and independently of the question whether his appearance on the 6th of April was a forced appearance under an arrest made by the sheriff; that the sole determining factors in t

11912–1912

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:438 (8) LA § La. Rev. Stat. § 40:967 (4) LA § La. Rev. Stat. § 15:529.1 (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

CA 47 (1946–2026) TX 42 (1928–2020) PA 26 (1922–2020) AL 21 (1890–2025) LA 19 (1912–2021) IL 18 (1911–2002) NY 15 (1905–2021) ID 10 (1911–2011) WA 10 (1937–2020) IN 7 (1924–2023) FL 7 (1962–2010) MO 6 (1985–2002) MS 6 (1954–1986) SD 6 (1976–2016) HI 6 (1994–2021) TN 5 (1913–2009) OR 5 (1946–2024) OH 5 (1998–2019) OK 5 (1991–2019) CT 5 (1993–2006) MI 5 (1925–2024) AZ 4 (1983–2019) NE 4 (1939–2000) NJ 4 (1974–2013) VA 4 (2005–2023) SC 4 (1936–2006) MD 4 (2001–2014) VT 3 (1986–2004) MA 3 (1953–1975) WV 3 (1934–2013) NC 2 (1947–1968) KS 2 (1940–1962) NV 2 (1972–2009) GA 2 (1995–2013) CO 2 (1980–1998) KY 2 (1935–1938) WI 2 (1963–1968) WY 2 (2017–2020)

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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