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19 Louisiana opinions name it 2 courts 1983–2025 4 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 |
|---|---|---|
State v. Williamsgreen2 sentences2023Holmes, supra. 23-KA-13 26 In Williams, supra, 416 So.2d 914 , each defendant blamed the other defendant, and the court held, “In a sense, Williams’ defense is antagonistic to Barnes’, and vice versa, inasmuch as each pointed a finger at the other, but this does not make the defenses automatically antagonistic. 2023Holmes, supra. 23-KA-13 26 In Williams, supra, 416 So.2d 914 , each defendant blamed the other defendant, and the court held, “In a sense, Williams’ defense is antagonistic to Barnes’, and vice versa, inasmuch as each pointed a finger at the other, but this does not make the defenses automatically antagonistic. | 1 | 1 |
Baumeister v. Plunkettgreen1 sentence2023See Baumeister, 673 So. 2d at 996 - 97. | 1 | 1 |
State v. Cartergreen1 sentence2014See State v. Carter, 99-2234, p. 18 (La.App. 4 Cir. 1/24/01), 779 So.2d 125, 138 (when reviewing a trial court’s ruling on a motion to suppress, an appellate court is not limited to evidence adduced at the hearing on the motion to suppress; it may also consider evidence given at trial.) 11fiEven assuming the trial court erred in denying Mr. Williams’ motion to suppress his statement, the erroneous admission of a statement or confession is subject to a harmless error analysis. | 1 | 1 |
Harvey v. Dixie Graphics, Inc.green1 sentence2014Dugas v. Bayou Teche Water Works, 10-1211, pp. 4-5 (La.App. 3 Cir. 4/6/11), 61 So.3d 826, 829-30 . “[F]or prescription to begin to run under Article 3492, it must be shown that the plaintiff knew or reasonably should have known that he or she has suffered harm due to a tortious act of the defendant^]” Harvey v. Dixie Graphics, Inc., 593 So.2d 351, 354 (La.1992). lsOn May 30, 2013, a hearing was held regarding Williams’ exception. | 1 | 1 |
State v. Van Winklegreen1 sentence2014The Whitton court held that “some evidence of mental defect may be admissible when it concerns the circumstances surrounding the making of a confession in order to enable the jury to determine the weight to be given the confession.” Id., 99-1953 at p. 17, 770 So.2d at 854 (citing La.C.Cr.P. art. 703(G) 11 and Van Winkle , 94-0947 at p. 8, 658 So.2d at 203 (suggesting the trial court erred when excluding evidence of defendant’s mental state during her various inculpatory statements)). 12 1 ^Accordingly, there exists jurisprudential support for Mr. Williams’ claim that he should have been allowe | 1 | 1 |
State v. Williamsgreen1 sentence2004"There was no indication that defendant would have faired better had Judge Buras been recused ... and a new judge appointed to accept defendant's guilty plea." Id. at 527. | 1 | 1 |
Oppenheim v. Bouteriegreen2 sentences1994In Oppenheim v. Bouterie, 505 So.2d 100 (La.App. 4 Cir.1987) this Court quoted the case of Guillory v. Guillory, 339 So.2d 529, 531 (La.App. 4 Cir.1976) to the effect that "... attorney's fees incurred by the wife in prosecuting a suit for separation from bed and board or divorce is an obligation of the community which ... must be paid out of community assets on a quantum meruit basis...." The application of community property law to a claim for attorney's fees is irrelevant to Mr. Williams' claim for attorney's fees from an unrelated third party. 1994However, the court allowed the attorney to recover fees from his client on a quantum meruit basis in the much lesser sum of $25,000, recognizing that a true attorney-client relationship existed. *299 In Oppenheim v. Bouterie, 505 So.2d 100, 101 (La.App. 4 Cir.1987) this Court quoted the case of Guillory v. Guillory, 339 So.2d 529, 531 (La.App. 4 Cir.1976) to the effect that "... attorney's fees incurred by the wife in prosecuting a suit for separation from bed and board or divorce is an obligation of the community which ... must be paid out of community assets on a quantum meruit basis...." Th | 1 | 1 |
Guillory v. Guillorygreen2 sentences1994In Oppenheim v. Bouterie, 505 So.2d 100 (La.App. 4 Cir.1987) this Court quoted the case of Guillory v. Guillory, 339 So.2d 529, 531 (La.App. 4 Cir.1976) to the effect that "... attorney's fees incurred by the wife in prosecuting a suit for separation from bed and board or divorce is an obligation of the community which ... must be paid out of community assets on a quantum meruit basis...." The application of community property law to a claim for attorney's fees is irrelevant to Mr. Williams' claim for attorney's fees from an unrelated third party. 1994However, the court allowed the attorney to recover fees from his client on a quantum meruit basis in the much lesser sum of $25,000, recognizing that a true attorney-client relationship existed. *299 In Oppenheim v. Bouterie, 505 So.2d 100, 101 (La.App. 4 Cir.1987) this Court quoted the case of Guillory v. Guillory, 339 So.2d 529, 531 (La.App. 4 Cir.1976) to the effect that "... attorney's fees incurred by the wife in prosecuting a suit for separation from bed and board or divorce is an obligation of the community which ... must be paid out of community assets on a quantum meruit basis...." Th | 1 | 1 |
Bagby v. Clausegreen2 sentences1983See, for example, Bagby v. Clause, 251 So.2d 172 (La.App. 1st Cir.1971), writ refused 259 La. 773 , 252 So.2d 669 (1971); A.B.A. 1983See, for example, Bagby v. Clause, 251 So.2d 172 (La.App. 1st Cir.1971), writ refused 259 La. 773 , 252 So.2d 669 (1971); A.B.A. | 1 | 1 |
Bagby v. Clausegreen1 sentence1983See, for example, Bagby v. Clause, 251 So.2d 172 (La.App. 1st Cir.1971), writ refused 259 La. 773 , 252 So.2d 669 (1971); A.B.A. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Williams
green
2 sentences2019The Williams defendant contended the trial court erred when it denied his motion to suppress the victim's in-court identification as "tainted by an abortive attempted pretrial identification of the defendant." Id. at 369 . *764 The victim could not identify the defendant when, prior to trial, she was shown a group of photographs, which included the defendant's picture. 2019The Williams defendant contended the trial court erred when it denied his motion to suppress the victim's in-court identification as "tainted by an abortive attempted pretrial identification of the defendant." Id. at 369 . *764 The victim could not identify the defendant when, prior to trial, she was shown a group of photographs, which included the defendant's picture. | 2 | 2019–2019 |
State v. Larkins
neutral
1 sentence2025App. 2 Cir. 9/27/17), 243 So. 3d 1220 , writ denied, 17-1900 (La. 9/28/18), 253 So. 3d 154 In this case, Williams’ challenge of his conviction on the basis that the state did not prove penetration is without merit as the evidence was more than sufficient to support the jury’s finding of guilt. 6 Ultimately, it was the jury’s duty as the factfinder to weigh the evidence presented. | 1 | 2025–2025 |
Barnett v. La. Med. Mut. Ins. Co.
neutral
1 sentence2025App. 2 Cir. 9/27/17), 243 So. 3d 1220 , writ denied, 17-1900 (La. 9/28/18), 253 So. 3d 154 In this case, Williams’ challenge of his conviction on the basis that the state did not prove penetration is without merit as the evidence was more than sufficient to support the jury’s finding of guilt. 6 Ultimately, it was the jury’s duty as the factfinder to weigh the evidence presented. | 1 | 2025–2025 |
Batson v. Kentucky
green
2 sentences2024Williams’s defense counsel objected to the State’s peremptory strikes, arguing they were made based on prospective jurors’ race, in violation of the rule established in Batson v. Kentucky, 476 U.S. 79 , 106 S. Ct. 1712 , 90 L. 2024Williams’s defense counsel objected to the State’s peremptory strikes, arguing they were made based on prospective jurors’ race, in violation of the rule established in Batson v. Kentucky, 476 U.S. 79 , 106 S. Ct. 1712 , 90 L. | 1 | 2024–2024 |
Francois v. Gibeault
green
1 sentence2014Id. 15The record does not contain a written judgment denying Mr. Williams’ motion to consolidate. | 1 | 2014–2014 |
State v. Whitton
green
2 sentences2014The Whitton court held that “some evidence of mental defect may be admissible when it concerns the circumstances surrounding the making of a confession in order to enable the jury to determine the weight to be given the confession.” Id., 99-1953 at p. 17, 770 So.2d at 854 (citing La.C.Cr.P. art. 703(G) 11 and Van Winkle , 94-0947 at p. 8, 658 So.2d at 203 (suggesting the trial court erred when excluding evidence of defendant’s mental state during her various inculpatory statements)). 12 1 ^Accordingly, there exists jurisprudential support for Mr. Williams’ claim that he should have been allowe 2014The Whitton court held that “some evidence of mental defect may be admissible when it concerns the circumstances surrounding the making of a confession in order to enable the jury to determine the weight to be given the confession.” Id., 99-1953 at p. 17, 770 So.2d at 854 (citing La.C.Cr.P. art. 703(G) 11 and Van Winkle , 94-0947 at p. 8, 658 So.2d at 203 (suggesting the trial court erred when excluding evidence of defendant’s mental state during her various inculpatory statements)). 12 1 ^Accordingly, there exists jurisprudential support for Mr. Williams’ claim that he should have been allowe | 1 | 2014–2014 |
Williams v. State
green
1 sentence2014Williams’ defense counsel actually moved for a directed verdict at the conclusion of the case, arguing that he had arrived that morning under the belief that the State was proceeding under B(3) only to realize at some point that the bill of information charged Williams under B(1)« Thus, the fourth circuit concluded that “this is not a case where counsel had been misled as to what evidence the State was planning to present and was unprepared to meet the allegations in the bill of information.” Id. | 1 | 2014–2014 |
Dugas v. Works
green
1 sentence2014Dugas v. Bayou Teche Water Works, 10-1211, pp. 4-5 (La.App. 3 Cir. 4/6/11), 61 So.3d 826, 829-30 . “[F]or prescription to begin to run under Article 3492, it must be shown that the plaintiff knew or reasonably should have known that he or she has suffered harm due to a tortious act of the defendant^]” Harvey v. Dixie Graphics, Inc., 593 So.2d 351, 354 (La.1992). lsOn May 30, 2013, a hearing was held regarding Williams’ exception. | 1 | 2014–2014 |
State v. Gates
neutral
1 sentence2014Id., 47,894, p. 7; 114 So.3d at 542 . | 1 | 2014–2014 |
State v. LeBlanc
green
1 sentence2014State v. LeBlanc, 10-1484, p. 29 (La.App. 4 Cir. 9/30/11), 76 So.3d 572, 590 . | 1 | 2014–2014 |
State v. Lacoste
neutral
1 sentence2012And [sic] this is a murder trial.” The trial court overruled the objection and denied Mr. Williams’ motion for a mistrial. 8 This court summarized the governing principles applicable to the issue presented in this case in State v. Lacoste, 04-1625, pp. 10-11 (La.App. 4 Cir. 2/16/05) 896 So.2d 1180, 1186-87 , as follows: A mistrial is warranted under La. | 1 | 2012–2012 |
Hogg v. Chevron USA, Inc.
green
1 sentence2011Hogg v. Chevron USA, 2009-2632 (La.7/6/10), 45 So.3d 991 . | 1 | 2011–2011 |
Williams v. Frank Parra Auto Plex, Inc.
neutral
1 sentence2006Williams , XXXX-XXXX at pp. 2-3, 929 So.2d at 757-58 . | 1 | 2006–2006 |
Williams v. Jackson Parish Hospital
green
1 sentence2002To the extent that Williams’ complaint alleges separate claims based on traditional medical malpractice grounds, such claims are prescribed. 798 So.2d at 932 . | 1 | 2002–2002 |
Lalande v. Index Geophysical Survey Corp.
green
1 sentence1984In opposition, Metropolitan cites Lalande v. Index Geophysical Survey Corp., 336 So.2d 1054 (La.App. 3 Cir.1976), which held that the right to compromise a claim against a third party belongs to the injured employee or his beneficiaries and does not require the assent of his employer or its workers' compensation carrier. | 1 | 1984–1984 |
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.
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.