impact defense (Louisiana) · Go Syfert
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impact defense in Louisiana

18 Louisiana opinions name it 2 courts 1975–2023 1 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)

CaseFollowedCited
State v. Kempgreen
la · 2002 · cited in 7 Louisiana opinions naming this issue, 2004–2023
2 sentences

2023Further, while late disclosure or non-disclosure of exculpatory evidence may deprive the defendant of a fair trial, in both instances the impact on the defense “must be evaluated in the context of the entire record.” Kemp, 00-2228 at 7, 828 So. 2d at 545 .

2018While late disclosure, as well as nondisclosure, of exculpatory evidence may deprive the defendant of a fair trial, in both instances the impact on the defense "must be evaluated in the context of the entire record." State v. Kemp , 00-2228, p. 7 (La. 10/15/02), 828 So.2d 540 , 545 (per curiam).

27
State v. Quatrevingtgreen
lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 2004–2004
1 sentence

2004See also, State v. Quatrevingt, 617 So.2d 484 (La.App. 4th Cir.1992) wherein we upheld the defense counsel's questioning of existence of a lawsuit, but did not allow him to delve into its details.

11
State v. Welchgreen
la · 2000 · cited in 1 Louisiana opinions naming this issue, 2002–2002
1 sentence

2002See State v. Welch, 99-1283 (La.4/11/00), 760 So.2d 317 .

11
State v. Gibsongreen
la · 1980 · cited in 1 Louisiana opinions naming this issue, 1995–1995
1 sentence

1995See Gibson, 391 So.2d at 427 .

11
Jackson v. Kansas City Southern Ry.green
lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 1993–1993
1 sentence

1993Since Captain Gough may recover on another basis, we once more leave this question open." Gough, supra, 996 F.2d at 766-67 ; see also Jackson v. Kansas City Southern Ry., 619 So.2d 851, 857-860 (La.App. 3d Cir.1993) (identical issue addressed under a FELA claim).

11
State v. Baileygreen
lactapp · 1987 · cited in 1 Louisiana opinions naming this issue, 1991–1991
1 sentence

1991The focus is on the impact of the error. [Emphasis theirs] State v. Bailey, 514 So.2d 741, 743 (La.

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 (11)

CaseCitedYears
Miller-Bates v. Wachovia Bank green
scotus · 2005
2 sentences

2015State v. Harris, 2001-2730 (La.1/19/05), 892 So.2d 1238, 1250 , cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.Ed.2d 116 (2005).

2015State v. Harris, 2001-2730 (La.1/19/05), 892 So.2d 1238, 1250 , cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.Ed.2d 116 (2005).

22012–2015
State v. Garrick green
la · 2004
2 sentences

2004Garrick, 870 So.2d at 994 .

2004Garrick, 870 So.2d at 994 .

22004–2004
Harris v. Louisiana green
scotus · 2005
1 sentence

2015State v. Harris, 2001-2730 (La.1/19/05), 892 So.2d 1238, 1250 , cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.Ed.2d 116 (2005).

12015–2015
State v. Harris green
la · 2005
1 sentence

2015State v. Harris, 2001-2730 (La.1/19/05), 892 So.2d 1238, 1250 , cert. denied, 546 U.S. 848 , 126 S.Ct. 102 , 163 L.Ed.2d 116 (2005).

12015–2015
Briscoe v. Devall Towing & Boat Service of Hackberry, Inc. neutral
lawd · 1992
1 sentence

1993Gough additionally argued that if the impact rule was not satisfied, he could recover for emotional distress because he was within the "zone of danger." The Gough court, without making reference to either Briscoe, supra, or Anselmi, supra, stated that "[w]e have repeatedly declined to adopt or preclude the zone of danger theory....

11993–1993
William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp. green
ca5 · 1986
2 sentences

1993The Briscoe court continued with a discussion of Hagerty v. L & L Marine Services, Inc., 788 F.2d 315 (5th Cir.1986), as follows: *440 "Nor is the impact requirement applicable under these facts.

1993In Hagerty v. L & L Marine Services, Inc., 788 F.2d 315 (5th Cir.1986), the court found the plaintiff had suffered a physical injury when he was drenched on two occasions by toxic carcinogenic chemicals.

11993–1993
Darreyl Wayne Gough, Cross-Appellant v. Natural Gas Pipeline Co. Of America, Cross-Appellee green
ca5 · 1993
2 sentences

1993Since Captain Gough may recover on another basis, we once more leave this question open." Gough, supra, 996 F.2d at 766-67 ; see also Jackson v. Kansas City Southern Ry., 619 So.2d 851, 857-860 (La.App. 3d Cir.1993) (identical issue addressed under a FELA claim).

1993Since Captain Gough may recover on another basis, we once more leave this question open." Gough, supra, 996 F.2d at 766-67 ; see also Jackson v. Kansas City Southern Ry., 619 So.2d 851, 857-860 (La.App. 3d Cir.1993) (identical issue addressed under a FELA claim).

11993–1993
Anselmi v. Penrod Drilling Corp. green
laed · 1993
1 sentence

1993Gough additionally argued that if the impact rule was not satisfied, he could recover for emotional distress because he was within the "zone of danger." The Gough court, without making reference to either Briscoe, supra, or Anselmi, supra, stated that "[w]e have repeatedly declined to adopt or preclude the zone of danger theory....

11993–1993
State v. Goetz green
la · 1979
1 sentence

1980Nevertheless, we view the impact of the test results in this case in the same light as did the Court in Graham, supra, and Goetz, supra .

11980–1980
State v. Graham green
la · 1978
1 sentence

1980Nevertheless, we view the impact of the test results in this case in the same light as did the Court in Graham, supra, and Goetz, supra .

11980–1980
State v. Jones green
la · 1975
1 sentence

1975Nevertheless, it is not necessary for us to consider the impact of this error, in light of our holding in State v. Jones, La., 316 So.2d 100 , decided this date, that the best evidence rules and other enunciated weighty considerations require that the State physically produce the certification of the operator who administers the PEI test before admitting the test results into evidence.

11975–1975

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:64 (3) LA § La. Rev. Stat. § 15:529.1 (3) LA § La. Rev. Stat. § 40:967 (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

FL 106 (1966–2026) CA 83 (1956–2025) TX 74 (1969–2021) IL 63 (1970–2025) MN 58 (1943–2018) DC 56 (1964–2026) PA 54 (1962–2026) IN 50 (1973–2025) GA 37 (1967–2025) NY 33 (1951–2026) NJ 30 (1957–2026) OR 25 (1986–2025) KS 22 (1972–2025) MD 19 (1963–2014) LA 18 (1975–2023) MA 17 (1978–2025) CO 16 (1977–2017) VA 14 (1968–2022) WA 14 (1968–2026) TN 14 (1973–2019) CT 13 (1982–2015) MI 12 (1972–2017) NM 12 (1987–2025) MO 11 (1950–2018) WI 10 (1979–2026) OH 9 (1961–2025) NC 9 (1980–2025) UT 9 (1989–2018) KY 8 (1971–2023) ME 8 (1982–2026) WV 7 (1982–2026) MS 7 (1975–2024) IA 7 (1981–2024) NV 6 (1985–2024) HI 6 (1974–2025) OK 5 (1969–2025) RI 5 (1997–2010) SC 4 (2002–2026) WY 4 (1986–2023) MT 4 (1980–2002) AZ 4 (1954–2023) AK 4 (1978–2023) DE 4 (1965–1987) AR 3 (1979–1999) NE 3 (1955–2003) ND 2 (1972–1990) VT 2 (2004–2014) AL 2 (1969–2001) NH 2 (1979–1989)

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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