invocation privilege in Louisiana

19 Louisiana opinions name it 2 courts 1937–2018 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 (6)

Case	Followed	Cited
State v. Edwardsgreen la · 1982 · cited in 4 Louisiana opinions naming this issue, 1984–1991 2 sentences 1989See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self-incrimination to invoke that right before the jury and have the trier-of-fact draw an inference from the invocation of the privilege. 1984See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self incrimination to invoke that right before the jury and have the trier of fact draw an inference from the invocation of the privilege.	2	4
State v. Browngreen la · 1987 · cited in 3 Louisiana opinions naming this issue, 1990–2018 2 sentences 2018In contrast, “it is not necessary for a witness charged with participating in the same crime for which the defendant is being tried to assert the privilege on a question by question basis when it is apparent that the witness will be asked to testify only regarding matters which could be expected to require the invocation of the privilege.” State v. Brown, 514 So.2d 99, 110 (La. 1987) (emphasis added); see also 1 McCormick on Evid. § 130 (7th ed.) (“Generally, a witness must submit to questioning and invoke the privilege in response to each specific question. 1996State v. Brown, 514 So.2d 99 (La. 1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988); State v. Jones, 559 So.2d 492 (La.App. 5 Cir.1990), writ denied, 566 So.2d 981 (La.1990).	1	3
Walton v. Normandy Village Homes Ass'n, Inc.green la · 1985 · cited in 1 Louisiana opinions naming this issue, 2014–2014 1 sentence 2014Walton, 475 So.2d at 324 (citations omitted). \| BWhiIe it is undisputed that the claimant suffered an on-the-job injury, at issue is whether that injury caused the disability claimed.	1	1
Namet v. United Statesgreen scotus · 1963 · cited in 1 Louisiana opinions naming this issue, 1995–1995 2 sentences 1995See id. at 186-87 , 83 S.Ct. at 1154-55 . 1995See id. at 186-87 , 83 S.Ct. at 1154-55 .	1	1
State v. Berrygreen la · 1975 · cited in 1 Louisiana opinions naming this issue, 1981–1981 1 sentence 1981See State v. Berry, 324 So.2d 822 (La.1975); State v. Duhon, 332 So.2d 245 (La. 1976).	1	1
Bagala v. Kimblegreen la · 1954 · cited in 1 Louisiana opinions naming this issue, 1957–1957 2 sentences 1957See Bagala v. Kimble, 225 La. 943 , 74 So.2d 172 ; Burns v. Evans Cooperage Co., 208 La. 406 , 23 So.2d 165 ; Dupuy v. Veazey, La.App., 63 So.2d 756 276 In Brown v. Louisville & N. R. 1957See Bagala v. Kimble, 225 La. 943 , 74 So.2d 172 ; Burns v. Evans Cooperage Co., 208 La. 406 , 23 So.2d 165 ; Dupuy v. Veazey, La.App., 63 So.2d 756 276 In Brown v. Louisville & N. R.	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 (25)

Case	Cited	Years
State v. Darby green la · 1981 2 sentences 1991Upholding the trial court's decision to allow the invocation of the privilege in this fashion, we held that "[i]n this factual context, no purpose would have been served in requiring a question by question assertion of Gautreaux's privilege." 403 So.2d at 48-49 . 1989See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self-incrimination to invoke that right before the jury and have the trier-of-fact draw an inference from the invocation of the privilege.	4	1984–1991
Northern Group Services, Inc. v. State Farm Mutual Automobile Insurance green scotus · 1988 2 sentences 1996State v. Brown, 514 So.2d 99 (La. 1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988); State v. Jones, 559 So.2d 492 (La.App. 5 Cir.1990), writ denied, 566 So.2d 981 (La.1990). 1990State v. Brown, 514 So.2d 99 (La.1987), cert. denied, Brown v. Louisiana, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988).	2	1990–1996
Mercedes-Benz of North America, Inc. v. Metrix Warehouse, Inc. green scotus · 1988 2 sentences 1996State v. Brown, 514 So.2d 99 (La. 1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988); State v. Jones, 559 So.2d 492 (La.App. 5 Cir.1990), writ denied, 566 So.2d 981 (La.1990). 1990State v. Brown, 514 So.2d 99 (La.1987), cert. denied, Brown v. Louisiana, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988).	2	1990–1996
King v. Kaplan green scotus · 1988 2 sentences 1996State v. Brown, 514 So.2d 99 (La. 1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988); State v. Jones, 559 So.2d 492 (La.App. 5 Cir.1990), writ denied, 566 So.2d 981 (La.1990). 1990State v. Brown, 514 So.2d 99 (La.1987), cert. denied, Brown v. Louisiana, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988).	2	1990–1996
Kilgore v. Duckworth green scotus · 1982 2 sentences 1991In State v. Darby, 403 So.2d 44 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the trial judge allowed the witness to invoke the privilege as to all questions concerning the evening of the murder for which the defendant was charged. 1987In State v. Darby, 403 So.2d 44 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the trial judge allowed the witness to invoke the privilege as to all questions concerning the evening of the murder for which the defendant was charged.	2	1987–1991
Kelley v. Lane green scotus · 1982 2 sentences 1991In State v. Darby, 403 So.2d 44 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the trial judge allowed the witness to invoke the privilege as to all questions concerning the evening of the murder for which the defendant was charged. 1987In State v. Darby, 403 So.2d 44 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the trial judge allowed the witness to invoke the privilege as to all questions concerning the evening of the murder for which the defendant was charged.	2	1987–1991
Graham v. Alabama green scotus · 1982 2 sentences 1991In State v. Darby, 403 So.2d 44 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the trial judge allowed the witness to invoke the privilege as to all questions concerning the evening of the murder for which the defendant was charged. 1987In State v. Darby, 403 So.2d 44 (La.1981), cert. denied, 454 U.S. 1152 , 102 S.Ct. 1022 , 71 L.Ed.2d 308 (1982), the trial judge allowed the witness to invoke the privilege as to all questions concerning the evening of the murder for which the defendant was charged.	2	1987–1991
State v. Coleman green la · 1981 2 sentences 1989See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self-incrimination to invoke that right before the jury and have the trier-of-fact draw an inference from the invocation of the privilege. 1984See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self incrimination to invoke that right before the jury and have the trier of fact draw an inference from the invocation of the privilege.	2	1984–1989
State v. Wilson green la · 1981 2 sentences 1989See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self-incrimination to invoke that right before the jury and have the trier-of-fact draw an inference from the invocation of the privilege. 1984See State v. Edwards, 419 So.2d 881 (La.1982); State v. Coleman, 406 So.2d 563 (La.1981); State v. Darby, supra; State v. Wilson, supra. The defendant has no absolute right to force a witness claiming his privilege against self incrimination to invoke that right before the jury and have the trier of fact draw an inference from the invocation of the privilege.	2	1984–1989
Whitson v. American Ice Co. green la · 1927 2 sentences 2017In this case, we do not find that justice requires the invocation of the exception over the general precept of Rule 1-3 1 where timeliness was not raised at trial, nor in the appellate brief. \| rrNecessity for Bond It has been well-settled since Whit-son, 164 La. 283 , 113 So. 849 , that the defendant bears the burden under the statute of showing how large a bond is necessary to protect him. 2017In this case, we do not find that justice requires the invocation of the exception over the general precept of Rule 1-3 1 where timeliness was not raised at trial, nor in the appellate brief. \| rrNecessity for Bond It has been well-settled since Whit-son, 164 La. 283 , 113 So. 849 , that the defendant bears the burden under the statute of showing how large a bond is necessary to protect him.	1	2017–2017
State v. Broussard green la · 1990 1 sentence 1996State v. Brown, 514 So.2d 99 (La. 1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988); State v. Jones, 559 So.2d 492 (La.App. 5 Cir.1990), writ denied, 566 So.2d 981 (La.1990).	1	1996–1996
Malloy v. Hogan green scotus · 1964 2 sentences 1996The court in State v. Knowles, 395 So.2d 678 (La.1981), in which a witness invoked her privilege against self-incrimination and was held in contempt, stated: The federal privilege against self-incrimination was made applicable to the states in Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 (1964). 1996The court in State v. Knowles, 395 So.2d 678 (La.1981), in which a witness invoked her privilege against self-incrimination and was held in contempt, stated: The federal privilege against self-incrimination was made applicable to the states in Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 (1964).	1	1996–1996
State v. Jones green lactapp · 1990 1 sentence 1996State v. Brown, 514 So.2d 99 (La. 1987), cert. denied, 486 U.S. 1017 , 108 S.Ct. 1754 , 100 L.Ed.2d 216 (1988), rehearing denied, 487 U.S. 1228 , 108 S.Ct. 2888 , 101 L.Ed.2d 923 (1988); State v. Jones, 559 So.2d 492 (La.App. 5 Cir.1990), writ denied, 566 So.2d 981 (La.1990).	1	1996–1996
State v. Knowles green la · 1981 1 sentence 1996The court in State v. Knowles, 395 So.2d 678 (La.1981), in which a witness invoked her privilege against self-incrimination and was held in contempt, stated: The federal privilege against self-incrimination was made applicable to the states in Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 (1964).	1	1996–1996
State v. Duhon green la · 1976 1 sentence 1981See State v. Berry, 324 So.2d 822 (La.1975); State v. Duhon, 332 So.2d 245 (La. 1976).	1	1981–1981
Gautreau v. Modern Finance Co. of Gonzales, Inc. green lactapp · 1978 1 sentence 1979Under these circumstances, we think this case fully justifies the invocation of the exception to the parol evidence rule above discussed." To the same effect is Gautreau v. Modern Finance Company of Gonzales, 357 So.2d 871 (La.App. 1 Cir. 1978).	1	1979–1979
Pertuit v. Weinberg green lactapp · 1961 1 sentence 1979In the case of Pertuit v. Weinberg, 134 So.2d 652 (La.App. 4 Cir. 1961), cert. denied, January 15, 1962, the Court, in upholding the defense of failure of consideration, said: "Parol evidence is always admissible to prove the special defenses of failure of consideration, between the original parties to a promissory note, or one who is not a holder for value and in due course.	1	1979–1979
Williams v. Inabnett neutral lactapp · 1977 1 sentence 1979Williams v. Inabnett, 345 So.2d 1294 (La.App. 3rd Cir. 1977) .	1	1979–1979
Jacobs v. Beck green lactapp · 1962 1 sentence 1968The factual situation does not establish the basis for the application of the doctrine and the case is clearly distinguishable factually from Jacobs v. Beck, 141 So.2d 920 (La.App. 4th Cir. 1962); and Andrepont v. Ochsner, 84 So.2d 63 (La.App.	1	1968–1968
Andrepont v. Ochsner green lactapp · 1955 1 sentence 1968The factual situation does not establish the basis for the application of the doctrine and the case is clearly distinguishable factually from Jacobs v. Beck, 141 So.2d 920 (La.App. 4th Cir. 1962); and Andrepont v. Ochsner, 84 So.2d 63 (La.App.	1	1968–1968
Dupuy v. Veazey neutral lactapp · 1953 1 sentence 1957See Bagala v. Kimble, 225 La. 943 , 74 So.2d 172 ; Burns v. Evans Cooperage Co., 208 La. 406 , 23 So.2d 165 ; Dupuy v. Veazey, La.App., 63 So.2d 756 *276 In Brown v. Louisville & N. R.	1	1957–1957
Burns v. Evans Cooperage Co. green la · 1945 2 sentences 1957See Bagala v. Kimble, 225 La. 943 , 74 So.2d 172 ; Burns v. Evans Cooperage Co., 208 La. 406 , 23 So.2d 165 ; Dupuy v. Veazey, La.App., 63 So.2d 756 276 In Brown v. Louisville & N. R. 1957See Bagala v. Kimble, 225 La. 943 , 74 So.2d 172 ; Burns v. Evans Cooperage Co., 208 La. 406 , 23 So.2d 165 ; Dupuy v. Veazey, La.App., 63 So.2d 756 276 In Brown v. Louisville & N. R.	1	1957–1957
Coffey v. Ouachita River Lumber Co. neutral lactapp · 1939 1 sentence 1955In support of his position counsel cites the holding of this court in Coffey v. Ouachita River Lumber Company, 191 So. 561 , in which the opinion indicated that allegations of specific acts of negligence against a defendant precluded the invocation of the doctrine of res ipsa loquitur on the part of plaintiff.	1	1955–1955
Davis-Wood Lumber Co. v. Farnsworth & Co. green lactapp · 1937 1 sentence 1949App., 171 So. 622, 627 , in the following language: "It is apparent to us that there are present in this case the three concurring elements necessary for the invocation of the doctrine of accord and satisfaction.	1	1949–1949
Hibernia Bank & Trust Co. v. J. I. Heineman Co. neutral lactapp · 1925	1	1937–1937

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:30.1 (3) 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

NY 168 (1895–2025) CA 92 (1899–2026) NJ 52 (1951–2025) TX 45 (1922–2024) MA 44 (1929–2026) CT 37 (1975–2017) PA 34 (1971–2026) IL 33 (1973–2026) MD 32 (1959–2022) FL 26 (1949–2025) LA 19 (1937–2018) OH 18 (1985–2025) MO 17 (1903–2020) AL 16 (1909–2023) GA 15 (1957–2025) MI 12 (1917–2025) VA 10 (1992–2025) MN 9 (1956–2024) RI 9 (1986–2005) DC 9 (1976–2025) TN 9 (1975–2024) WA 9 (1914–2025) ME 8 (1974–2014) CO 8 (1968–2016) OR 8 (1898–2020) DE 8 (1969–2023) ND 8 (1974–2019) AZ 7 (1968–2018) ID 7 (1983–2020) WI 7 (1893–2009) UT 6 (2004–2024) IN 6 (1918–2025) OK 6 (1955–2011) KY 6 (1913–2024) WV 5 (1997–2024) SC 5 (1984–2023) WY 5 (1981–1992) IA 5 (1971–2020) NM 5 (1973–2023) NC 5 (1995–2010) SD 4 (2000–2004) AK 4 (1980–1995) HI 4 (1994–2025) NE 3 (1984–2019) KS 3 (1928–1996) NH 3 (1993–2021) VT 2 (1990–2009) NV 2 (1979–1994) MS 2 (1993–2014) AR 2 (2019–2025)

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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