110 Louisiana opinions name it 2 courts 1981–2025 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 |
|---|---|---|
Tate v. Charles Aguillard Ins. & Real Est.green2 sentences2023“Waiver occurs when there is an existing right, a knowledge of its existence and an actual intention to relinquish it, or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that it has been relinquished.” Tate, 508 So.2d at 1373 . “[R]eliable proof of such a knowing and voluntary waiver is necessary and the burden of producing it, as in the proof of obligations generally, falls on the party who demands performance.” Id. at 508 So.2d 1375 (citing La. 2023“Waiver occurs when there is an existing right, a knowledge of its existence and an actual intention to relinquish it, or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that it has been relinquished.” Tate, 508 So.2d at 1373 . “[R]eliable proof of such a knowing and voluntary waiver is necessary and the burden of producing it, as in the proof of obligations generally, falls on the party who demands performance.” Id. at 508 So.2d 1375 (citing La. | 2 | 6 |
State v. Blandgreen2 sentences1995State v. Bland, 419 So.2d 1227 (La. 1982); State v. Delanoix, supra. However, a guilty plea-rights waiver form, even if well-executed and complete in every detail, without minutes or a transcript of the plea is not sufficient to show a knowing and voluntary waiver of Boykin rights. 1993Compare these cases with the minute entry in State v. Bland, supra, which reflects a "full Boykin inquiry." Based upon the above jurisprudence, we are forced to conclude that the State failed to make an affirmative showing of a knowing and voluntary waiver as required by State v. Jones, supra. Additionally, the minute entry for the uncounseled guilty plea fails to establish that the trial judge inquired into the defendant's age, education, background and competency, as required by State v. Strain, supra. The defendant's conviction of DWI, third offense, is reversed based upon our finding that | 2 | 5 |
United States v. Klat, Susan Violagreen2 sentences2020Therefore, the district court's refusal to permit Frazier–El to represent himself until the issue of competency was determined was clearly justified.”); United States v. Ross, 703 F.3d 856, 871 (6th Cir. 2012) (“[T]he Constitution requires a defendant to be represented by counsel at his own competency hearing, even if he has previously made a knowing and voluntary waiver of counsel.”); United States v. Klat, 156 F.3d 1258, 1263 (D.C.Cir.1998) (“[W]here a defendant’s competence to stand trial is reasonably in question, a court may not allow that defendant to waive her right to counsel and proce 2020Therefore, the district court's refusal to permit Frazier–El to represent himself until the issue of competency was determined was clearly justified.”); United States v. Ross, 703 F.3d 856, 871 (6th Cir. 2012) (“[T]he Constitution requires a defendant to be represented by counsel at his own competency hearing, even if he has previously made a knowing and voluntary waiver of counsel.”); United States v. Klat, 156 F.3d 1258, 1263 (D.C.Cir.1998) (“[W]here a defendant’s competence to stand trial is reasonably in question, a court may not allow that defendant to waive her right to counsel and proce | 2 | 2 |
| United States v. Edison Purnett, A/K/A \Panama\""green | 2 | 2 |
| United States v. Andrew Kowalczykgreen | 2 | 2 |
| United States v. Robert Burstongreen | 2 | 2 |
Boykin v. Alabamagreen2 sentences2019Jackson v. Henderson, 255 So.2d 85, 90 (La. 1971), wherein the court adopted the three-right rule of Boykin v. Alabama, 395 U.S. 238, 243 (1969) (waiver of the right to trial encompasses waiver of the privilege against self-incrimination, the right to trial by jury, and the right to confront one’s accusers). a knowing and voluntary waiver of trial. 2006Instead, the circumstances in the record reflect a knowing and voluntary waiver of relator's rights and compliance with the constitutional requirements of Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969). | 1 | 17 |
Davis v. United Statesgreen2 sentences2010We therefore hold that, after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney. 512 U.S. at 461 , 114 S.Ct. 2350 . 25 . 2010We therefore hold that, after a knowing and voluntary waiver of the Miranda rights, law enforcement officers may continue questioning until and unless the suspect clearly requests an attorney. 512 U.S. at 461 , 114 S.Ct. 2350 . 25 . | 1 | 11 |
State v. Delanoixgreen2 sentences2015State v. Delanoix, 92-1705 (La.App. 1 Cir. 8/9/93) , 637 So.2d 515 ; State v. Dejean, supra [ 94-459 (La.App. 5 Cir. 11/28/95) , 694 So.2d 284 ]. 2014In State v. Dejean, 94-459, p. 5 (La.App. 5 Cir. 11/28/95), 694 So.2d 284, 287 , writ denied, 96-547 (La.5/17/96), 673 So.2d 608 (citing State v. Delanoix, 637 So.2d 515 (La.App. 1 Cir.1993)), the fifth | ¡^circuit found a guilty plea form “alone is not sufficient to show a knowing and voluntary waiver of defendant’s constitutional rights.” In De-jean, the record was void of any minute entry or transcript showing a colloquy between the defendant and the trial judge. | 1 | 4 |
State v. Mathieugreen2 sentences2024Assertion of that right “must also be clear and unequivocal.” State v. Mathieu, 10-2421, p. 6 (La. 7/01/11), 68 So. 3d 1015, 1018 ; State v. Bell, 09-0199, p. 17 (La. 11/30/10), 53 So. 3d 437, 448 , writ denied, 564 U.S. 1025 , 131 S. Ct. 3035 , 180 L. 2014In Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), “the Supreme Court recognized a defendant’s Sixth Amendment right to conduct his own defense by making a knowing and voluntary waiver of his right to counsel and thereby asserting his right to represent himself.” State v. Mathieu, 10-2421, p. 6 (La.7/1/11), 68 So.3d 1015,1018 . | 1 | 3 |
State v. Straingreen2 sentences2000Similarly, in State v. Strain, 585 So.2d 540 (La.1991), the court rejected a defendant’s uncounseled plea where the trial court accepted the plea without any recorded inquiry into his capacity to make a knowing and voluntary waiver of his right to counsel. 1993Compare these cases with the minute entry in State v. Bland, supra, which reflects a "full Boykin inquiry." Based upon the above jurisprudence, we are forced to conclude that the State failed to make an affirmative showing of a knowing and voluntary waiver as required by State v. Jones, supra. Additionally, the minute entry for the uncounseled guilty plea fails to establish that the trial judge inquired into the defendant's age, education, background and competency, as required by State v. Strain, supra. The defendant's conviction of DWI, third offense, is reversed based upon our finding that | 1 | 3 |
State v. Santiagogreen2 sentences1993See State v. Santiago, supra; State v. Verrett, 536 So.2d 808 (La. 1983“A. Yes, sir, I am.” Defendant was never asked if he understood and was willing to waive or forego his right to trial or to trial by jury. 1 The Boykin requirements were clearly explained in Age, supra, and Santiago, supra. Age said “It is now well settled that a guilty plea is constitutionally valid only if the record evidences a knowing and voluntary waiver of the constitutional rights that are being waived, particularly the right to trial by jury, the right to confront accusers and the privilege against self-incrimination. | 1 | 3 |
State v. Romegreen2 sentences1992State v. Rome, 469 So.2d 1150 (La.App. 4th Cir.1985). 1992In State v. Rome, 469 So.2d 1150 (La. | 1 | 3 |
| State Ex Rel. Jackson v. Hendersongreen | 1 | 2 |
| State v. Bakergreen | 1 | 2 |
| State ex rel. Cocogreen | 1 | 1 |
| State v. E.J.M.green | 1 | 1 |
| State v. Hegwoodgreen | 1 | 1 |
| Moran v. Burbinegreen | 1 | 1 |
| Michigan v. Jacksonred | 1 | 1 |
| State v. Crosbygreen | 1 | 1 |
| State v. Williamsgreen | 1 | 1 |
| State v. Boudreauxgreen | 1 | 1 |
| Michigan v. Harveygreen | 1 | 1 |
| Miller v. Californiagreen | 1 | 1 |
| Sweat Et Al. v. Arkansasgreen | 1 | 1 |
| Kuhlmann v. Wilsongreen | 1 | 1 |
| State v. Cargogreen | 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. Smith
green
2 sentences2018State v. Smith , 479 So.2d 1062 (La.App. 3 Cir.1985), citing Argersinger v. Hamlin , 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). 2018State v. Smith , 479 So.2d 1062 (La.App. 3 Cir.1985), citing Argersinger v. Hamlin , 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). | 11 | 1991–2018 |
Argersinger v. Hamlin
green
2 sentences2018State v. Smith , 479 So.2d 1062 (La.App. 3 Cir.1985), citing Argersinger v. Hamlin , 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). 2018State v. Smith , 479 So.2d 1062 (La.App. 3 Cir.1985), citing Argersinger v. Hamlin , 407 U.S. 25 , 92 S.Ct. 2006 , 32 L.Ed.2d 530 (1972). | 11 | 1991–2018 |
Faretta v. California
green
2 sentences2016In Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 , the United States Supreme Court recognized a defendant’s Sixth Amendment right to conduct his own defense by making a knowing and voluntary waiver of his right to counsel and thereby asserting his right to represent himself. 2016In Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 , the United States Supreme Court recognized a defendant’s Sixth Amendment right to conduct his own defense by making a knowing and voluntary waiver of his right to counsel and thereby asserting his right to represent himself. | 5 | 2011–2018 |
Fare v. Michael C.
green
2 sentences2009The determination of whether a waiver of constitutional rights is knowing and voluntary is made on a case-by-case basis and such a determination rests upon the "totality of the circumstances." Fare v. Michael C., 442 U.S. 707 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 , reh'g denied, 444 U.S. 887 , 100 S.Ct. 186 , 62 L.Ed.2d 121 (1979); State v. Fernandez, 96-2719, p. 7 (La.4/4/98), 712 So.2d 485, 487 . *1267 In State v. Fernandez, 96-2719, p. 10 (La.4/14/98), 712 So.2d 485, 489 , our supreme court stated, "[a] confession by a juvenile given without a knowing and voluntary waiver can be, and should be, 2009The determination of whether a waiver of constitutional rights is knowing and voluntary is made on a case-by-case basis and such a determination rests upon the "totality of the circumstances." Fare v. Michael C., 442 U.S. 707 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 , reh'g denied, 444 U.S. 887 , 100 S.Ct. 186 , 62 L.Ed.2d 121 (1979); State v. Fernandez, 96-2719, p. 7 (La.4/4/98), 712 So.2d 485, 487 . *1267 In State v. Fernandez, 96-2719, p. 10 (La.4/14/98), 712 So.2d 485, 489 , our supreme court stated, "[a] confession by a juvenile given without a knowing and voluntary waiver can be, and should be, | 5 | 1998–2016 |
State v. Pertuit
green
2 sentences2015Defense counsel’s reliance on Pertuit, 98-1264, 734 So.2d 144 , for the proposition that a well-executed waiver of rights/guilty plea form without a minute entry or a transcript of the plea, is not sufficient to show a knowing and voluntary waiver of his rights, is misplaced. 2014In the court of appeal’s view, “[a] guilty plea waiver of rights form, even if well-executed in every detail, without minutes or a transcript of the plea, is not sufficient to show a knowing and voluntary waiver of Boykin rights.” State v. E.J.M., III, 12-774 at 36 (La.App. 5 Cir. 5/23/13), 119 So.3d 648, 670 (citing State v. Pertuit, 98-1264, p. 3 (La.App. 5 Cir. 4/27/99), 734 So.2d 144, 146 ). | 5 | 2000–2015 |
State v. Fernandez
green
2 sentences2009In State v. Fernandez, 96-2719, p. 10 (La.4/14/98), 712 So.2d 485, 489 , our supreme court stated, “[a] confession by a juvenile given without a knowing and voluntary waiver can be, and should be, suppressed under the totality of circumstances standard applicable to adults, supplemented by consideration of other very significant factors relevant to the juvenile status of the accused.” 3 Additionally, |/‘special needs of juveniles in this regard are analogous to the special need of individuals with mental deficiencies which are simply factored into the totality of the circumstances.” Id. at 489 2009In State v. Fernandez, 96-2719, p. 10 (La.4/14/98), 712 So.2d 485, 489 , our supreme court stated, “[a] confession by a juvenile given without a knowing and voluntary waiver can be, and should be, suppressed under the totality of circumstances standard applicable to adults, supplemented by consideration of other very significant factors relevant to the juvenile status of the accused.” 3 Additionally, |/‘special needs of juveniles in this regard are analogous to the special need of individuals with mental deficiencies which are simply factored into the totality of the circumstances.” Id. at 489 | 4 | 2009–2016 |
State v. Dejean
green
2 sentences2014In State v. Dejean, 94-459, p. 5 (La.App. 5 Cir. 11/28/95), 694 So.2d 284, 287 , writ denied, 96-547 (La.5/17/96), 673 So.2d 608 (citing State v. Delanoix, 637 So.2d 515 (La.App. 1 Cir.1993)), the fifth | ¡^circuit found a guilty plea form “alone is not sufficient to show a knowing and voluntary waiver of defendant’s constitutional rights.” In De-jean, the record was void of any minute entry or transcript showing a colloquy between the defendant and the trial judge. 2004This Court has recognized that “a guilty plea-rights waiver form, even if well-executed and complete in every |7detail, without minutes or a transcript of the plea is not sufficient to show a knowing and voluntary waiver of Boykin rights.” State v. Dejean, 94-459 (La.App. 5 Cir. 11/28/95) , 694 So.2d 284 , 286 writ denied, 96-547 (La.5/17/96), 673 So.2d 608 (citation omitted). | 4 | 2000–2015 |
State v. Bolton
green
2 sentences1985That "minute entry" is a count of chickens before they hatch; its pre-fabrication makes it no more a "contemporaneous record," as required by State v. Lewis, 367 So.2d 1155 (La.1979), than was "Dewey Defeats Truman." The Louisiana supreme court has held, in Lewis and State v. Holden, 375 So.2d 1372 (La.1979), and repeated in State v. Bolton, 379 So.2d 722 (La.1979), that a guilty-plea, rights-waiver form executed by defendant, although complete in every detail, is insufficient without minutes or transcript of a colloquy between judge and defendant showing the knowing and voluntary waiver requi 1985State v. Bland, supra; State v. Bolton, 379 So.2d 722 (La.1979); State v. Holden, 375 So.2d 1372 (La.1979). | 4 | 1982–1985 |
State v. Harper
green
2 sentences2020Id. at 471 . 2020Id. at 471 . | 3 | 1996–2020 |
Gallegos v. Colorado
green
2 sentences2016Fare v. Michael C., 442 U.S. 707 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979); Gallegos v. Colorado, 370 U.S. 49 , 82 S.Ct. 1209 , 8 L.Ed.2d 325 (1962).... [T]he totality of the circumstances approach mandates inquiry into all the circumstances surrounding the interrogation, including “evaluation of the juvenile’s age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” [Fare,] 442 U.S. at 725 , 99 S.Ct. at 2572 . | -ipThe Louisiana Con 2016Fare v. Michael C., 442 U.S. 707 , 99 S.Ct. 2560 , 61 L.Ed.2d 197 (1979); Gallegos v. Colorado, 370 U.S. 49 , 82 S.Ct. 1209 , 8 L.Ed.2d 325 (1962).... [T]he totality of the circumstances approach mandates inquiry into all the circumstances surrounding the interrogation, including “evaluation of the juvenile’s age, experience, education, background, and intelligence, and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” [Fare,] 442 U.S. at 725 , 99 S.Ct. at 2572 . | -ipThe Louisiana Con | 3 | 1998–2016 |
State v. Dejean
green
2 sentences2014In State v. Dejean, 94-459, p. 5 (La.App. 5 Cir. 11/28/95), 694 So.2d 284, 287 , writ denied, 96-547 (La.5/17/96), 673 So.2d 608 (citing State v. Delanoix, 637 So.2d 515 (La.App. 1 Cir.1993)), the fifth | ¡^circuit found a guilty plea form “alone is not sufficient to show a knowing and voluntary waiver of defendant’s constitutional rights.” In De-jean, the record was void of any minute entry or transcript showing a colloquy between the defendant and the trial judge. 2004This Court has recognized that “a guilty plea-rights waiver form, even if well-executed and complete in every |7detail, without minutes or a transcript of the plea is not sufficient to show a knowing and voluntary waiver of Boykin rights.” State v. Dejean, 94-459 (La.App. 5 Cir. 11/28/95) , 694 So.2d 284 , 286 writ denied, 96-547 (La.5/17/96), 673 So.2d 608 (citation omitted). | 3 | 2000–2014 |
State v. Darson
green
2 sentences2013State v. Thomas, 470 So.2d 413 (La.App.3rd Cir.1985). 1990State v. Thomas, 470 So.2d 413 (La.App.3d Cir.1985). | 3 | 1988–2013 |
State v. Lewis
green
2 sentences1985Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Bolton, 379 So.2d 722 (La.1979); State v. Lewis, 367 So.2d 1155 (La.1979); State v. Bland, 419 So.2d 1227 (La.1982). 1985That "minute entry" is a count of chickens before they hatch; its pre-fabrication makes it no more a "contemporaneous record," as required by State v. Lewis, 367 So.2d 1155 (La.1979), than was "Dewey Defeats Truman." The Louisiana supreme court has held, in Lewis and State v. Holden, 375 So.2d 1372 (La.1979), and repeated in State v. Bolton, 379 So.2d 722 (La.1979), that a guilty-plea, rights-waiver form executed by defendant, although complete in every detail, is insufficient without minutes or transcript of a colloquy between judge and defendant showing the knowing and voluntary waiver requi | 3 | 1982–1985 |
State v. Williams
green
2 sentences1982Also in State v. Williams, 384 So.2d 779 (La.1980) it was held: In cases where a prior conviction based on a guilty plea is being used to enhance the penalty under our multiple offender laws, we have required a strong showing of a knowing and voluntary waiver of rights by the defendant when his guilty plea is accepted by the trial judge. 1982Whichever, it is apparent that the state did not "produce a contemporaneous record of the defendant's guilty plea affirmatively showing a waiver of his right to jury trial, his right to confront his accusers, and his privilege against compulsory self-incrimination." Martin, supra, at p. 1094 . *1233 In State v. Williams, supra, the other authority of the defendant, the defendant's guilty plea was overturned on appeal because at the plea "the judge did not affirmatively and independently establish that Williams made a knowing and voluntary waiver of his constitutional rights." Williams, supra, | 3 | 1982–1982 |
Gabor v. Frazer
green
2 sentences2025State v. Tart, 93-0772 (La. 2/9/96), 672 So. 2d 116 , cert. denied, 519 U.S. 934 , 117 S. Ct. 310 , 136 L. 2015State v. Tart, 1993-0772 (La.02/09/96), 672 So.2d 116 , cert. denied, 519 U.S. 934 , 117 S.Ct. 310 , 136 L.Ed.2d 227 (1996). | 2 | 2015–2025 |
Martin v. United States District Court for the Eastern District of California
green
2 sentences2025State v. Tart, 93-0772 (La. 2/9/96), 672 So. 2d 116 , cert. denied, 519 U.S. 934 , 117 S. Ct. 310 , 136 L. 2015State v. Tart, 1993-0772 (La.02/09/96), 672 So.2d 116 , cert. denied, 519 U.S. 934 , 117 S.Ct. 310 , 136 L.Ed.2d 227 (1996). | 2 | 2015–2025 |
Spencer v. White
green
2 sentences2025State v. Tart, 93-0772 (La. 2/9/96), 672 So. 2d 116 , cert. denied, 519 U.S. 934 , 117 S. Ct. 310 , 136 L. 2015State v. Tart, 1993-0772 (La.02/09/96), 672 So.2d 116 , cert. denied, 519 U.S. 934 , 117 S.Ct. 310 , 136 L.Ed.2d 227 (1996). | 2 | 2015–2025 |
State v. Tart
green
2 sentences2025State v. Tart, 93-0772 (La. 2/9/96), 672 So. 2d 116 , cert. denied, 519 U.S. 934 , 117 S. Ct. 310 , 136 L. 2015State v. Tart, 1993-0772 (La.02/09/96), 672 So.2d 116 , cert. denied, 519 U.S. 934 , 117 S.Ct. 310 , 136 L.Ed.2d 227 (1996). | 2 | 2015–2025 |
State v. Bell
green
2 sentences2024Assertion of that right “must also be clear and unequivocal.” State v. Mathieu, 10-2421, p. 6 (La. 7/01/11), 68 So. 3d 1015, 1018 ; State v. Bell, 09-0199, p. 17 (La. 11/30/10), 53 So. 3d 437, 448 , writ denied, 564 U.S. 1025 , 131 S. Ct. 3035 , 180 L. 2012Assertion of that right “must also be clear and unequivocal.” State v. Bell, 09-0199, p. 17 (La.11/30/10), 53 So.3d 437, 448 , cert. denied, — U.S. —, 131 S.Ct. 3035 , 180 L.Ed.2d 856 (2011). | 2 | 2012–2024 |
LaVergne v. California
green
2 sentences2024Assertion of that right “must also be clear and unequivocal.” State v. Mathieu, 10-2421, p. 6 (La. 7/01/11), 68 So. 3d 1015, 1018 ; State v. Bell, 09-0199, p. 17 (La. 11/30/10), 53 So. 3d 437, 448 , writ denied, 564 U.S. 1025 , 131 S. Ct. 3035 , 180 L. 2024Assertion of that right “must also be clear and unequivocal.” State v. Mathieu, 10-2421, p. 6 (La. 7/01/11), 68 So. 3d 1015, 1018 ; State v. Bell, 09-0199, p. 17 (La. 11/30/10), 53 So. 3d 437, 448 , writ denied, 564 U.S. 1025 , 131 S. Ct. 3035 , 180 L. | 2 | 2012–2024 |
| State v. Gant green | 2 | 2008–2011 |
| State v. Gant green | 2 | 2008–2011 |
| State v. Maise green | 2 | 2009–2009 |
| State v. Halsell green | 2 | 1982–2004 |
| State v. Tucker green | 2 | 1988–1993 |
| State v. Holden green | 2 | 1985–1985 |
| State v. Age green | 2 | 1983–1984 |
| Arflack v. Henderson County neutral | 1 | 2024–2024 |
| Miranda v. Arizona green | 1 | 2016–2016 |
| State v. Blank green | 1 | 2016–2016 |
| State v. Balsano green | 1 | 2014–2014 |
| State v. Allen green | 1 | 2013–2013 |
| State v. Brogdon green | 1 | 2013–2013 |
| State v. Coleman green | 1 | 2013–2013 |
| State v. Cisco green | 1 | 2012–2012 |
| State v. Shelton green | 1 | 2012–2012 |
| State v. Mathieu green | 1 | 2011–2011 |
| State v. Mendenhall green | 1 | 2010–2010 |
| California v. Minjares green | 1 | 2009–2009 |
| State v. Vigne green | 1 | 2006–2006 |
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.