16 Louisiana opinions name it 2 courts 1982–2024 2 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 of Louisiana v. Keith C. Kisackgreen2 sentences2024Additionally, as stated, the record does not contain an expressed or even an implicit waiver of the 12 sentencing delay.' While defense counsel did not contest or object to moving on to sentencing after the rulings on the motions, in State v. Kisack, 2016- 0797 ( La. 10/ 18/ 17), 236 So. 3d 1201, 1205 ( per curiam), cert. denied, 583 U.S. 1160 , 138 S. Ct. 1175 , 200 L.Ed.2d 322 ( 2018), the Louisiana Supreme Court found the defense counsel' s participation in the sentencing hearing was insufficient to constitute a waiver of the delay required by Article 873. 2019In *864 State v. Kisack , 16-797 (La. 10/18/17), 236 So.3d 1201 , cert. denied , --- U.S.----, 138 S.Ct. 1175 , 200 L.Ed.2d 322 (2018), the state supreme court reversed the appellate court's finding an implicit waiver and expressly held that "[a]n implicit waiver ... runs afoul of the plain language of [La.C.Cr.P. a]rt. 873 that requires that the waiver be expressly made." Id. at 1205 . | 2 | 4 |
State v. Augustinegreen2 sentences2019In Augustine , 555 So.2d at 1333-34 (La.1990) (emphasis added) (alteration in original) (footnote omitted) the supreme court held that the delay provisions of La.CodeCrim.P. art. 873 are mandatory and any sentence imposed in violation of these delay periods is null : The last issue before us concerns the mandatory delays specified in La.C.Cr.P. art. 873 which must be observed before sentence can be imposed. 2019In Augustine , 555 So.2d at 1333-34 (La.1990) (emphasis added) (alteration in original) (footnote omitted) the supreme court held that the delay provisions of La.CodeCrim.P. art. 873 are mandatory and any sentence imposed in violation of these delay periods is null : The last issue before us concerns the mandatory delays specified in La.C.Cr.P. art. 873 which must be observed before sentence can be imposed. | 2 | 2 |
State v. Kisackgreen2 sentences2017See Kisack , 15-0083, p. 3 , 190 So.3d at 809 ("[D]efense counsel's argument at the sentencing hearing constituted an implicit waiver of the delay."). 2017The court of appeal, however, found that "defense counsel's argument at the sentencing hearing constituted an implicit waiver of the delay." Kisack , 15-0083, p. 3 , 190 So.3d at 809 . | 1 | 1 |
State v. Landrygreen1 sentence2016See State v. Canales, 14-0663 (La.App. 4 Cir. 12/10/14) , 166 So.3d 1183 , writ denied, 15-0048 (La.11/6/15), 180 So.3d 306 (Defense counsel presented character evidence after trial court denied motion for new trial.); State v. Celestain, 13-1262 (La.App. 4 Cir. 7/30/14) , 146 So.3d 874 (Trial court denied motions for new trial . and post-verdict judgment of acquittal, then considered cor respondence from defendant’s family concerning leniency. | 1 | 1 |
United States v. Clinton Bernard Frazier-Elgreen1 sentence2002See United States v. Frazier-El, supra ; State v. Treadway, supra . | 1 | 1 |
State v. Lindseygreen1 sentence1999State v. Lindsey, 583 So.2d 1200, 1206 (La.App. 1 Cir.1991), writ denied, 590 So.2d 588 (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hall v. United States
green
2 sentences2024Additionally, as stated, the record does not contain an expressed or even an implicit waiver of the 12 sentencing delay.' While defense counsel did not contest or object to moving on to sentencing after the rulings on the motions, in State v. Kisack, 2016- 0797 ( La. 10/ 18/ 17), 236 So. 3d 1201, 1205 ( per curiam), cert. denied, 583 U.S. 1160 , 138 S. Ct. 1175 , 200 L.Ed.2d 322 ( 2018), the Louisiana Supreme Court found the defense counsel' s participation in the sentencing hearing was insufficient to constitute a waiver of the delay required by Article 873. 2024Additionally, as stated, the record does not contain an expressed or even an implicit waiver of the 12 sentencing delay.' While defense counsel did not contest or object to moving on to sentencing after the rulings on the motions, in State v. Kisack, 2016- 0797 ( La. 10/ 18/ 17), 236 So. 3d 1201, 1205 ( per curiam), cert. denied, 583 U.S. 1160 , 138 S. Ct. 1175 , 200 L.Ed.2d 322 ( 2018), the Louisiana Supreme Court found the defense counsel' s participation in the sentencing hearing was insufficient to constitute a waiver of the delay required by Article 873. | 4 | 2019–2024 |
State v. Celestain
green
1 sentence2016See State v. Canales, 14-0663 (La.App. 4 Cir. 12/10/14) , 166 So.3d 1183 , writ denied, 15-0048 (La.11/6/15), 180 So.3d 306 (Defense counsel presented character evidence after trial court denied motion for new trial.); State v. Celestain, 13-1262 (La.App. 4 Cir. 7/30/14) , 146 So.3d 874 (Trial court denied motions for new trial . and post-verdict judgment of acquittal, then considered cor respondence from defendant’s family concerning leniency. | 1 | 2016–2016 |
State v. Young
green
1 sentence2009In State v. Young, 1996-0195, 680 So.2d 1171 (La.10/15/96), the Louisiana Supreme Court resolved a conflict among the circuits concerning whether the prohibition on appealing a sentence that was the result of a plea bargain applied both to plea agreements involving sentencing caps and to specific sentences. | 1 | 2009–2009 |
State v. Jefferson
green
1 sentence2008Relying on Jefferson, 735 So.2d 769 , this Court can conclude that there was no indication that the defendant's sentence was hurriedly imposed; the defendant was convicted on November 14, 2006, and almost two months elapsed before sentencing on January 10, 2007. | 1 | 2008–2008 |
State v. Pierre
green
1 sentence2003State v. Pierre, 99-3156, p. 7 (La.App. 4 Cir. 7/25/01), 792 So.2d 899, 903 , writ denied, 2001-2828 (La.8/16/02), 822 So.2d 614 , writ denied, 2001-2409 (La.9/13/02), 824 So.2d 1189 (implicit waiver where defense counsel responds in the affirmative when trial court inquires if he is ready for sentencing). | 1 | 2003–2003 |
State ex rel. Williams v. State
neutral
1 sentence2003State v. Pierre, 99-3156, p. 7 (La.App. 4 Cir. 7/25/01), 792 So.2d 899, 903 , writ denied, 2001-2828 (La.8/16/02), 822 So.2d 614 , writ denied, 2001-2409 (La.9/13/02), 824 So.2d 1189 (implicit waiver where defense counsel responds in the affirmative when trial court inquires if he is ready for sentencing). | 1 | 2003–2003 |
State v. Ballard
neutral
1 sentence2003State v. Pierre, 99-3156, p. 7 (La.App. 4 Cir. 7/25/01), 792 So.2d 899, 903 , writ denied, 2001-2828 (La.8/16/02), 822 So.2d 614 , writ denied, 2001-2409 (La.9/13/02), 824 So.2d 1189 (implicit waiver where defense counsel responds in the affirmative when trial court inquires if he is ready for sentencing). | 1 | 2003–2003 |
State v. Lindsey
green
1 sentence1999State v. Lindsey, 583 So.2d 1200, 1206 (La.App. 1 Cir.1991), writ denied, 590 So.2d 588 (1992). | 1 | 1999–1999 |
State v. Beauchamp
green
1 sentence1993Cf. State v. Beauchamp, 510 So.2d 22 (La.App. 1st Cir.1987). | 1 | 1993–1993 |
City of Baton Rouge v. Dees
green
1 sentence1990In City of Baton Rouge v. Dees , the court further noted than an accused's unquestioned right to legal representation at trial cannot be manipulated by him to secure unwarranted delays or otherwise obstruct the orderly administration of justice. 363 So.2d at 531 . | 1 | 1990–1990 |
State v. McGowan
green
1 sentence1990In State v. McGowan , the Louisiana Supreme Court noted that an implicit waiver of counsel might result where a defendant who is clearly able to secure retained counsel persists in demanding court appointed counsel and desists from employing an attorney despite the opportunity to do so. 359 So.2d at 974 . | 1 | 1990–1990 |
State v. McZeal
green
2 sentences1988Recognizing that the state had relied upon Peters , which did not provide for the implicit waiver of misjoinder (consolidation) the Court distinguished Peters on the ground that the issue involved therein concerned the problem of joinder as regulated by La.C.Cr.P. art. 493 before that article was amended to provide that the offenses must be triable in the same mode in order to be properly joined. 352 So.2d at 604 . 1988Recognizing that the state had relied upon Peters , which did not provide for the implicit waiver of misjoinder (consolidation) the Court distinguished Peters on the ground that the issue involved therein concerned the problem of joinder as regulated by La.C.Cr.P. art. 493 before that article was amended to provide that the offenses must be triable in the same mode in order to be properly joined. 352 So.2d at 604 . | 1 | 1988–1988 |
State v. Day
green
1 sentence1984State v. Day, 414 So.2d 349 (La. 1982). | 1 | 1984–1984 |
North Carolina v. Butler
red
2 sentences1982North Carolina v. Butler, 441 U.S. 369 , 99 S.Ct. 1755 , 60 L.Ed.2d 286 (1979). 1982North Carolina v. Butler, 441 U.S. 369 , 99 S.Ct. 1755 , 60 L.Ed.2d 286 (1979). | 1 | 1982–1982 |
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.