crime defense (Louisiana) · Go Syfert
← Louisiana issues

crime defense in Louisiana

17 Louisiana opinions name it 2 courts 1902–2017 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 (4)

CaseFollowedCited
State v. Thompsongreen
la · 2013 · cited in 1 Louisiana opinions naming this issue, 2013–2013
1 sentence

2013See State v. Guillory, 12-0702 (La.App. 1 Cir. 12/21/12) , 2012 WL 6681817 , writ denied, 2013-0216 (La.8/30/13), 120 So.3d 258 (finding that the trial court did not manifestly err in excluding evidence that another person committed the charged crime).

11
Broyles v. Stategreen
ark · 1985 · cited in 1 Louisiana opinions naming this issue, 1997–1997
2 sentences

1997See also Broyles v. State, 285 Ark. 457 , 688 S.W.2d 290, 292 (1985) (holding that a charge on a criminal defendant convicted of driving while intoxicated to support the Highway Safety Program and other programs relating to drunken driving, detoxification services and alcohol and drug abuse rehabilitation is constitutional since funds go to agencies society has had to create to keep the highways safe from drunk drivers); State v. Young, 238 So.2d 589 (Fla.1970) (holding that a statute imposing a one dollar charge for law enforcement on every person convicted of a crime is not a violation of th

1997See also Broyles v. State, 285 Ark. 457 , 688 S.W.2d 290, 292 (1985) (holding that a charge on a criminal defendant convicted of driving while intoxicated to support the Highway Safety Program and other programs relating to drunken driving, detoxification services and alcohol and drug abuse rehabilitation is constitutional since funds go to agencies society has had to create to keep the highways safe from drunk drivers); State v. Young, 238 So.2d 589 (Fla.1970) (holding that a statute imposing a one dollar charge for law enforcement on every person convicted of a crime is not a violation of th

11
State v. Johnsongreen
ncctapp · 1996 · cited in 1 Louisiana opinions naming this issue, 1997–1997
1 sentence

1997See also Broyles v. State, 285 Ark. 457 , 688 S.W.2d 290, 292 (1985) (holding that a charge on a criminal defendant convicted of driving while intoxicated to support the Highway Safety Program and other programs relating to drunken driving, detoxification services and alcohol and drug abuse rehabilitation is constitutional since funds go to agencies society has had to create to keep the highways safe from drunk drivers); State v. Young, 238 So.2d 589 (Fla.1970) (holding that a statute imposing a one dollar charge for law enforcement on every person convicted of a crime is not a violation of th

11
State v. Leegreen
la · 1990 · cited in 1 Louisiana opinions naming this issue, 1993–1993
1 sentence

1993"Instead, the comments were directed to the events of the crime which the defense did not contest." Lee, 559 So.2d at 1321 (where prosecutor argued the events of the crime known only to the defendant and two others showed premeditation).

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 (21)

CaseCitedYears
State v. Yarbrough green
lactapp · 1992
2 sentences

2003In State v. Yarbrough, 596 So.2d 311 (La.

2000In State v. Yarbrough, 596 So.2d 311 (La.App. 3 Cir.), writ denied, 599 So.2d 317 (La.1992), the third circuit amended the portion of the defendant’s sentence that precluded parole, probation, or suspension of sentence where the preclusion of those benefits was not authorized by statute.

31999–2003
State v. Yancy green
la · 1996
2 sentences

2003In State v. Yancy, 93-2798 (La.5/31/96); 673 So.2d 1018 , the supreme court amended the sentence to delete only that portion denying the defendant eligibility for parole where at the time of the crime there was no requirement of parole ineligibility.

2000In State v. Yancy, 93-2798 (La.5/31/96); 673 So.2d 1018 , the supreme court amended the sentence to delete only that portion denying the defendant eligibility for parole where at the time of the crime there was no requirement of parole ineligibility.

31999–2003
State v. Hollins green
lactapp · 1999
2 sentences

2017State v. Hollins , 99-278 (La.App. 5 Cir. 8/31/99) , 742 So.2d 671 , 682, writ denied, 99-2853 (La. 1/5/01), 778 So.2d 587 .

2006State v. Hollins, 99-278 (La.App. 5 Cir. 8/31/99) , 742 So.2d 671, 682 , writ denied, 99-2853 (La.1/5/01), 778 So.2d 587 .

22006–2017
State v. Hollins green
la · 2001
2 sentences

2017State v. Hollins , 99-278 (La.App. 5 Cir. 8/31/99) , 742 So.2d 671 , 682, writ denied, 99-2853 (La. 1/5/01), 778 So.2d 587 .

2006State v. Hollins, 99-278 (La.App. 5 Cir. 8/31/99) , 742 So.2d 671, 682 , writ denied, 99-2853 (La.1/5/01), 778 So.2d 587 .

22006–2017
Hampton v. United States green
scotus · 1976
2 sentences

2001See: Rochin v. People of California, supra. Hampton v. U.S., 425 U.S. 484 , 96 S.Ct. 1646 , 48 L.Ed.2d 113 (1976); U.S. v. Graves, supra. The involvement of the government agents in a crime will bar prosecution if the methods used violate fundamental fairness and due process so as to be characterized as too over reaching.

2001See: Rochin v. People of California, supra. Hampton v. U.S., 425 U.S. 484 , 96 S.Ct. 1646 , 48 L.Ed.2d 113 (1976); U.S. v. Graves, supra. The involvement of the government agents in a crime will bar prosecution if the methods used violate fundamental fairness and due process so as to be characterized as too over reaching.

21984–2001
United States v. Glen D. Graves, Lewis Weinstein, and Graves Construction Company, Inc., A/K/A Graves Construction, Inc. green
ca5 · 1977
2 sentences

2001See: Rochin v. People of California, supra. Hampton v. U.S., 425 U.S. 484 , 96 S.Ct. 1646 , 48 L.Ed.2d 113 (1976); U.S. v. Graves, supra. The involvement of the government agents in a crime will bar prosecution if the methods used violate fundamental fairness and due process so as to be characterized as too over reaching.

1984Hampton v. U.S., 425 U.S. 484 , 96 S.Ct. 1646 , 48 L.Ed.2d 113 (1976); U.S. v. Graves, supra. The involvement of the government agents in a crime will bar prosecution if the methods used violate *49 fundamental fairness and due process so as to be characterized as too over reaching.

21984–2001
State v. Dabney green
la · 1992
2 sentences

2000In State v. Yarbrough, 596 So.2d 311 (La.App. 3 Cir.), writ denied, 599 So.2d 317 (La.1992), the third circuit amended the portion of the defendant’s sentence that precluded parole, probation, or suspension of sentence where the preclusion of those benefits was not authorized by statute.

1999In State v. Yarbrough, 596 So.2d 311 (La.App. 3 Cir.), writ denied, 599 So.2d 317 (La. 1992), the third circuit amended the portion of the defendant's sentence that precluded parole, probation, or suspension of sentence where the preclusion of those benefits was not authorized by statute.

21999–2000
State v. Paul green
lactapp · 2006
1 sentence

2017In State v. Paul , 05-612 (La.App. 3 Cir. 2/14/06) , 924 So.2d 345 , 354 (footnote omitted), this court discussed whether a jury instruction could constitute reversible error regardless of whether there is an objection to the instruction by the defendant: However, an exception to the above rule is when the error is in the definition of the crime and where the error bears full and sufficient proof of the error without the necessity for further hearing.

12017–2017
Jackson v. Virginia red
scotus · 1979
2 sentences

2010Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Cummings, 1995-1377 (La.02/28/96), 668 So.2d 1132 ; State v. Henson, 38,820 (La.App.2d Cir.09/22/04), 882 So.2d 670 .

2010Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Cummings, 1995-1377 (La.02/28/96), 668 So.2d 1132 ; State v. Henson, 38,820 (La.App.2d Cir.09/22/04), 882 So.2d 670 .

12010–2010
State v. Cummings green
la · 1996
2 sentences

2010Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Cummings, 1995-1377 (La.02/28/96), 668 So.2d 1132 ; State v. Henson, 38,820 (La.App.2d Cir.09/22/04), 882 So.2d 670 .

2010Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Cummings, 1995-1377 (La.02/28/96), 668 So.2d 1132 ; State v. Henson, 38,820 (La.App.2d Cir.09/22/04), 882 So.2d 670 .

12010–2010
State v. Henson neutral
lactapp · 2004
2 sentences

2010Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Cummings, 1995-1377 (La.02/28/96), 668 So.2d 1132 ; State v. Henson, 38,820 (La.App.2d Cir.09/22/04), 882 So.2d 670 .

2010Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Cummings, 1995-1377 (La.02/28/96), 668 So.2d 1132 ; State v. Henson, 38,820 (La.App.2d Cir.09/22/04), 882 So.2d 670 .

12010–2010
State v. Young green
fla · 1970
1 sentence

1997See also Broyles v. State, 285 Ark. 457 , 688 S.W.2d 290, 292 (1985) (holding that a charge on a criminal defendant convicted of driving while intoxicated to support the Highway Safety Program and other programs relating to drunken driving, detoxification services and alcohol and drug abuse rehabilitation is constitutional since funds go to agencies society has had to create to keep the highways safe from drunk drivers); State v. Young, 238 So.2d 589 (Fla.1970) (holding that a statute imposing a one dollar charge for law enforcement on every person convicted of a crime is not a violation of th

11997–1997
Washington v. Texas green
scotus · 1967
2 sentences

1980Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967).

1980Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967).

11980–1980
State v. Lindsey green
la · 1977
1 sentence

1978State v. Lindsey, supra. These assignments of error are without merit.

11978–1978
State v. Prieur red
la · 1973
1 sentence

1977Although the earlier jurisprudence was quite liberal in the application of the system exception, State v. Prieur, 277 So.2d 126 (La.1973), and other cases [5] have more clearly delineated and limited the scope of "system." The earlier cases appeared to recognize that the relevance of the extraneous offense lies in the inference that because the accused has committed somewhat similar crimes in a general area, it is more likely that he committed the crime at bar.

11977–1977
State v. Richey green
la · 1971
2 sentences

1973Further, we are in accord with the trial court's Per Curiam wherein the judge cites State v. Richey, 258 La. 1094 , 249 So.2d 143 (1971) to the effect that this Court held that the refusal in an armed robbery prosecution to give requested instruction pertaining to the identification of accused as perpetrator of the crime was not error, in that instruction was given that the state had the burden of proving every element of the crime and it would be improper to emphasize the identification element by such a special charge.

1973Further, we are in accord with the trial court's Per Curiam wherein the judge cites State v. Richey, 258 La. 1094 , 249 So.2d 143 (1971) to the effect that this Court held that the refusal in an armed robbery prosecution to give requested instruction pertaining to the identification of accused as perpetrator of the crime was not error, in that instruction was given that the state had the burden of proving every element of the crime and it would be improper to emphasize the identification element by such a special charge.

11973–1973
State v. Anderson green
la · 1910
2 sentences

1955State v. Roshto, 169 La. 251 , 125 So. 67 ; State v. Anderson, 125 La. 779 , 51 So. 846 .

1955State v. Roshto, 169 La. 251 , 125 So. 67 ; State v. Anderson, 125 La. 779 , 51 So. 846 .

11955–1955
Belle Alliance Co. v. Texas & P. Ry. Co. green
la · 1910
2 sentences

1955State v. Roshto, 169 La. 251 , 125 So. 67 ; State v. Anderson, 125 La. 779 , 51 So. 846 .

1955State v. Roshto, 169 La. 251 , 125 So. 67 ; State v. Anderson, 125 La. 779 , 51 So. 846 .

11955–1955
State v. Roshto green
la · 1929
2 sentences

1955State v. Roshto, 169 La. 251 , 125 So. 67 ; State v. Anderson, 125 La. 779 , 51 So. 846 .

1955State v. Roshto, 169 La. 251 , 125 So. 67 ; State v. Anderson, 125 La. 779 , 51 So. 846 .

11955–1955
State v. Thibodeaux green
la · 1896
1 sentence

1902The attorney general contends that the matter with which Oorbo is charged is merely a violation or breach of a local regulation for the maintenance of the public road of the parish, and not such a crime as would impeach him; it was not such a violation of criminal law or statute operative throughout the state, and affecting the public good of the whole state, and the circumstance differentiates the case at bar from that of State v. Thibodeaux, 48 La.

11902–1902
Schmeider v. McLane neutral
nysupct · 1862
1 sentence

1902Law (2d Ed.) p. 252, and notes, also to Schmeider v. McLane, 36 Barb. 495 , as showing the difference between the perpetration of a crime and the violation of a corporation ordinance.

11902–1902

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (4) LA § La. Rev. Stat. § 14:30 (4) LA § La. Rev. Stat. § 14:27 (3) LA § La. Rev. Stat. § 14:64 (3) LA § La. Rev. Stat. § 15:438 (3) LA § La. Rev. Stat. § 3 (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 128 (1914–2026) NY 67 (1916–2025) WA 61 (1918–2025) IL 53 (1924–2025) PA 53 (1959–2026) GA 46 (1976–2026) FL 40 (1970–2026) MN 38 (1930–2018) TX 32 (1943–2024) MI 32 (1948–2026) OR 28 (1900–2026) NM 28 (1977–2024) NC 25 (1955–2018) MS 25 (1958–2025) WI 24 (1966–2025) MD 24 (1915–2021) IN 21 (1944–2020) NJ 21 (1953–2021) MA 21 (1944–2025) KS 20 (1978–2026) IA 18 (1943–2026) LA 17 (1902–2017) CT 15 (1961–2010) ID 15 (1923–2023) CO 15 (1959–2026) OH 14 (1934–2025) AL 12 (1922–2011) MT 10 (1920–2021) OK 10 (1949–2025) KY 9 (1926–2021) TN 8 (1950–2012) UT 7 (1995–2023) NV 7 (1989–2021) WY 7 (1980–2011) AZ 6 (1980–2018) VA 6 (1985–2026) SC 6 (1984–2022) HI 5 (1999–2020) DC 5 (1983–2016) NE 5 (1897–2003) SD 5 (1928–2010) WV 5 (1932–2015) MO 4 (1980–2024) ME 4 (1998–2023) NH 3 (1970–2008) VT 3 (2015–2015) RI 3 (1992–2012) AR 3 (1977–1997) ND 3 (2003–2019) AK 2 (1981–1987)

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.

← Caselaw search · G Cite Topics · Brief Check