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18 Louisiana opinions name it 2 courts 1979–2023 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 |
|---|---|---|
Simoneaux v. EI Du Pont De Nemours and Co., Inc.green2 sentences1990Simoneaux v. E.I. du Pont de Nemours & Co., Inc., 483 So.2d 908, 912 (La.1986); Spellman v. Peoples Bank and Trust Company of St. 1989LSA-C.C.P. art. 967; Simoneaux v. E.I. du Pont de Nemours & Co., Inc., 483 So.2d 908 (La.1986). | 1 | 2 |
State v. Gerardgreen1 sentence2014The general rule that date and time are not essential elements of an offense “may not operate to deprive a defendant of the opportunity to present a defense.” State v. Gerard, 627 So.2d 174, 176 (La.1993) (quotations omitted). | 1 | 1 |
State v. Juniorsgreen1 sentence2013See State v. Juniors, 2003-2425, p. 55 (La.6/29/05), 915 So.2d 291, 332 (“[Bjecause any error in the exclusion of the letter allegedly written by Williams was clearly harmless, the defendant was not deprived of the opportunity to present a defense.”). | 1 | 1 |
State v. Camerongreen2 sentences1993Nevertheless, this general rule “may not operate to deprive a defendant of the opportunity to present a defense.” State v. Cameron, 83 N.C.App. 69 , 349 S.E.2d 327, 330 (1986). 1993Nevertheless, this general rule “may not operate to deprive a defendant of the opportunity to present a defense.” State v. Cameron, 83 N.C.App. 69 , 349 S.E.2d 327, 330 (1986). | 1 | 1 |
Commonwealth v. Pelusogreen2 sentences1993Even when they are not essential elements of an offense, time and date may become “of the essence when the defendant presents an alibi defense to the offense charged, or is in some other way prejudiced by the date set forth in the indictment.” Commonwealth v. Peluso, 240 Pa.Super. 330 , 361 A.2d 852, 856-57 (1976); State v. Booth, 92 N.C.App. 729 , 376 S.E.2d 242 (1989); State v. Cameron, supra; Commonwealth v. Boyer, 216 Pa.Super. 286 , 264 A.2d 173 (1970). 1993Even when they are not essential elements of an offense, time and date may become “of the essence when the defendant presents an alibi defense to the offense charged, or is in some other way prejudiced by the date set forth in the indictment.” Commonwealth v. Peluso, 240 Pa.Super. 330 , 361 A.2d 852, 856-57 (1976); State v. Booth, 92 N.C.App. 729 , 376 S.E.2d 242 (1989); State v. Cameron, supra; Commonwealth v. Boyer, 216 Pa.Super. 286 , 264 A.2d 173 (1970). | 1 | 1 |
Sacher v. United Statesgreen2 sentences1979See Sacher v. United States, 343 U.S. 1 , 72 S.Ct. 451 , 96 L.Ed. 717 (1952). [1] As we held on original hearing, Kidd actually received a summons to appear in court for a hearing which would have afforded him the opportunity to present his defense and mitigation as required by article 22. 1979See Sacher v. United States, 343 U.S. 1 , 72 S.Ct. 451 , 96 L.Ed. 717 (1952). [1] As we held on original hearing, Kidd actually received a summons to appear in court for a hearing which would have afforded him the opportunity to present his defense and mitigation as required by article 22. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. DEP'T OF PROPERTY MANAGEMENT
green
2 sentences2022This Court reversed the discipline in its entirety, on the grounds that “the Department of Property Management used these other two incidents of payroll fraud to reach its decision to terminate plaintiff’s employment, [such that] the plaintiff was entitled to notice of these additional charges and an opportunity to present a defense in regards to these additional charges.” Id. 2021This Court reasoned, “[s]ince the Department of Property Management used these other two incidents of payroll fraud to reach its decision to terminate plaintiff's employment, the plaintiff was entitled to notice of these additional charges and an opportunity to present a defense in regard to these additional charges.” Id. 2002-1407, p. 5, 846 So. 2d at 105 . | 2 | 2021–2022 |
Ezzell v. Miranne
neutral
1 sentence2023Id. at 175 ; Hymel v. Discover Bank, 09–286 (La. | 1 | 2023–2023 |
Belle Pass Terminal, Inc. v. Jolin, Inc.
green
1 sentence2022Belle Pass Terminal, Inc., 01-0149, pp. 6-7, 800 So. 2d at 766-67 . | 1 | 2022–2022 |
Segura v. Frank
green
1 sentence2016Although only relator’s pro se claims were raised in the district court (because relator filed his application before pro bono post-conviction counsel enrolled), and “[t]he general rule is that appellate courts will not consider issues raised for the first time,” Segura v. Frank, 93-1271 (La.1/14/94), 630 So.2d 714, 725 , the interests of judicial economy and justice warrant the consideration of both delator’s pro se and counselled allegations at an eviden-tiary hearing. | 1 | 2016–2016 |
Hymel v. Discover Bank
neutral
1 sentence2016Hymel v. Discover Bank, 09-286 (La.App. 5 Cir. 12/08/09) , 30 So.3d 51, 54 . | 1 | 2016–2016 |
Andrus v. Chrysler Financial Corp.
green
2 sentences2003Andrus v. Chrysler Financial Corp., 99-105 (La.App. 3 Cir. 6/2/99) , 741 So.2d 780, 784 , writ denied, XXXX-XXXX (La.10/15/99), 748 So.2d 1150 . 2003Andrus v. Chrysler Financial Corp., 99-105 (La.App. 3 Cir. 6/2/99) , 741 So.2d 780, 784 , writ denied, XXXX-XXXX (La.10/15/99), 748 So.2d 1150 . | 1 | 2003–2003 |
Andrus v. Crysler Financial Corp.
green
1 sentence2003Andrus v. Chrysler Financial Corp., 99-105 (La.App. 3 Cir. 6/2/99) , 741 So.2d 780, 784 , writ denied, XXXX-XXXX (La.10/15/99), 748 So.2d 1150 . | 1 | 2003–2003 |
Lehmco, Inc. v. City of New Orleans Alcoholic Beverage Control Board
green
1 sentence2000This court granted plaintiff's application for certiorari to review the decisions of the lower courts on the motion to circumscribe, which was the only issue decided by the court of appeal. 99-1410 (La.9/17/99), 747 So.2d 554 . | 1 | 2000–2000 |
State v. Gerhart
neutral
1 sentence1997In State v. Gerhart, 583 So.2d 843 (La.App. 5th Cir.1991), the defendant was charged with molestation and aggravated sexual battery. | 1 | 1997–1997 |
State v. Hattaway
green
1 sentence1995Ms. Van Winkle now appeals, advancing three assignments of error: (1) The trial court erred in denying her motion to suppress her statements obtained in violation of State v. Hattaway, 621 So.2d 796 (La.1993); (2) The trial court erred in denying her the opportunity to present a defense and cross examine her accusers; and (3) The trial court erred in prohibiting her from presenting evidence as to her mental condition bearing on the weight to be given the various statements obtained from her. | 1 | 1995–1995 |
Commonwealth v. Boyer
green
1 sentence1993Even when they are not essential elements of an offense, time and date may become “of the essence when the defendant presents an alibi defense to the offense charged, or is in some other way prejudiced by the date set forth in the indictment.” Commonwealth v. Peluso, 240 Pa.Super. 330 , 361 A.2d 852, 856-57 (1976); State v. Booth, 92 N.C.App. 729 , 376 S.E.2d 242 (1989); State v. Cameron, supra; Commonwealth v. Boyer, 216 Pa.Super. 286 , 264 A.2d 173 (1970). | 1 | 1993–1993 |
Commonwealth v. Mazzoccoli
green
1 sentence1993Even when they are not essential elements of an offense, time and date may become “of the essence when the defendant presents an alibi defense to the offense charged, or is in some other way prejudiced by the date set forth in the indictment.” Commonwealth v. Peluso, 240 Pa.Super. 330 , 361 A.2d 852, 856-57 (1976); State v. Booth, 92 N.C.App. 729 , 376 S.E.2d 242 (1989); State v. Cameron, supra; Commonwealth v. Boyer, 216 Pa.Super. 286 , 264 A.2d 173 (1970). | 1 | 1993–1993 |
State v. Booth
green
2 sentences1993Even when they are not essential elements of an offense, time and date may become “of the essence when the defendant presents an alibi defense to the offense charged, or is in some other way prejudiced by the date set forth in the indictment.” Commonwealth v. Peluso, 240 Pa.Super. 330 , 361 A.2d 852, 856-57 (1976); State v. Booth, 92 N.C.App. 729 , 376 S.E.2d 242 (1989); State v. Cameron, supra; Commonwealth v. Boyer, 216 Pa.Super. 286 , 264 A.2d 173 (1970). 1993Even when they are not essential elements of an offense, time and date may become “of the essence when the defendant presents an alibi defense to the offense charged, or is in some other way prejudiced by the date set forth in the indictment.” Commonwealth v. Peluso, 240 Pa.Super. 330 , 361 A.2d 852, 856-57 (1976); State v. Booth, 92 N.C.App. 729 , 376 S.E.2d 242 (1989); State v. Cameron, supra; Commonwealth v. Boyer, 216 Pa.Super. 286 , 264 A.2d 173 (1970). | 1 | 1993–1993 |
Chambers v. Mississippi
green
2 sentences1992Defendant relies upon Chambers v. Mississippi, 410 U.S. 284 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973) for his argument here that excluding the evidence of the "Jackson" robberies denied Mosby the opportunity to present a defense. 1992Defendant relies upon Chambers v. Mississippi, 410 U.S. 284 , 93 S.Ct. 1038 , 35 L.Ed.2d 297 (1973) for his argument here that excluding the evidence of the "Jackson" robberies denied Mosby the opportunity to present a defense. | 1 | 1992–1992 |
Bartlett v. Reese
green
1 sentence1990Bartlett, 526 So.2d at 479 . | 1 | 1990–1990 |
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.