delay error (Louisiana) · Go Syfert
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delay error in Louisiana

15 Louisiana opinions name it 2 courts 1935–2025 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.

Followed or applied (7)

CaseFollowedCited
State v. Collinsgreen
lactapp · 1991 · cited in 2 Louisiana opinions naming this issue, 1994–1996
2 sentences

1996State v. Collins, 584 So.2d 356, 359 (La.App. 4th Cir.1991).

1994State v. Collins, 584 So.2d 356, 359 (La.App. 4th Cir.1991).

22
State v. Francisgreen
la · 2019 · cited in 2 Louisiana opinions naming this issue, 2023–2025
2 sentences

2025See Loggin, supra. See also State v. Francis, 19-227 (La. 4/29/19), 268 So.3d 289 (per curiam) (The Supreme Court found that the defendant did not waive the delay and that the error in failing to observe the delay was not harmless because the defendant challenged his manslaughter sentence.

2023State v. Francis, 2019-0227, p. 1 (La. 4/29/19), 268 So.3d 289 (citing State v. Augustine, 555 So.2d 1331 (La. 1990)).

12
State v. Fostergreen
lactapp · 2002 · cited in 1 Louisiana opinions naming this issue, 2016–2016
1 sentence

2016See State v. Foster, 02-0910, p. 3 (La.App. 4 Cir. 12/11/02), 834 So.2d 1188, 1191 . .There is some discrepancy with regard to whether Ms. Jones went to the bank or to work before returning home on the day of the incident.

11
Lassere v. STATE, DEPT. OF HEALTH & HOSP., OFFICE OF PUBLIC HEALTHgreen
lactapp · 2001 · cited in 1 Louisiana opinions naming this issue, 2006–2006
1 sentence

2006See Lassere v. State, Department of Health & Hospitals, Office of Public Health, 00-306 (La.App. 1 Cir. 3/28/01) , 808 So.2d 513 .

11
State v. Williamsgreen
lactapp · 1998 · cited in 1 Louisiana opinions naming this issue, 1999–1999
1 sentence

1999See State v. Williams, 97-970 (La.App. 5th Cir. 1/27/98), 708 So.2d 1086 ; State v. Allen, 93-844 (La.App. 5th Cir. 5/11/94), 638 So.2d 263 .

11
State v. Hardygreen
la · 1983 · cited in 1 Louisiana opinions naming this issue, 1997–1997
1 sentence

1997State v. Hardy, 432 So.2d 865, 866 (La.1983).

11
State v. Milsongreen
lactapp · 1984 · cited in 1 Louisiana opinions naming this issue, 1996–1996
1 sentence

1996This court set forth the law and jurisprudence governing unreasonable sentencing delays in State v. Milson, 458 So.2d 1037, 1039 (La.App. 3 Cir.1984): It is clear that a defendant is statutorily entitled to the imposition of sentence without unreasonable delay.

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
State v. Augustine green
la · 1990
1 sentence

2023State v. Francis, 2019-0227, p. 1 (La. 4/29/19), 268 So.3d 289 (citing State v. Augustine, 555 So.2d 1331 (La. 1990)).

12023–2023
State v. Bibbins neutral
lactapp · 2014
2 sentences

2015In State v. Bibbins, 13-875 (La.App. 5 Cir. 4/9/14) ; 140 So.3d 153, 169-70 , writs denied, 14-1015 (La.12/8/14); 153 So.3d 440 and 14-994 (La.12/8/14), 153 So.3d 439 , this Court found that while the defendant did not expressly waive the mandatory statutory delay between the trial court’s ruling on the motion for new trial and the sentencing, the defendant did not object to proceeding with sentencing or raise the trial judge’s failure to observe the delay as an error.

2015In State v. Bibbins, 13-875 (La.App. 5 Cir. 4/9/14) ; 140 So.3d 153, 169-70 , writs denied, 14-1015 (La.12/8/14); 153 So.3d 440 and 14-994 (La.12/8/14), 153 So.3d 439 , this Court found that while the defendant did not expressly waive the mandatory statutory delay between the trial court’s ruling on the motion for new trial and the sentencing, the defendant did not object to proceeding with sentencing or raise the trial judge’s failure to observe the delay as an error.

12015–2015
State v. Bibbins green
la · 2014
1 sentence

2015In State v. Bibbins, 13-875 (La.App. 5 Cir. 4/9/14) ; 140 So.3d 153, 169-70 , writs denied, 14-1015 (La.12/8/14); 153 So.3d 440 and 14-994 (La.12/8/14), 153 So.3d 439 , this Court found that while the defendant did not expressly waive the mandatory statutory delay between the trial court’s ruling on the motion for new trial and the sentencing, the defendant did not object to proceeding with sentencing or raise the trial judge’s failure to observe the delay as an error.

12015–2015
State v. Cope neutral
la · 2014
1 sentence

2015In State v. Bibbins, 13-875 (La.App. 5 Cir. 4/9/14) ; 140 So.3d 153, 169-70 , writs denied, 14-1015 (La.12/8/14); 153 So.3d 440 and 14-994 (La.12/8/14), 153 So.3d 439 , this Court found that while the defendant did not expressly waive the mandatory statutory delay between the trial court’s ruling on the motion for new trial and the sentencing, the defendant did not object to proceeding with sentencing or raise the trial judge’s failure to observe the delay as an error.

12015–2015
Durr v. Natchitoches Municipal Fire & Police Civil Service Board neutral
lactapp · 1980
1 sentence

2014Id. at 722 .

12014–2014
State v. Wilson green
la · 2000
1 sentence

2011Further, in State v. Wilson, 99-105, p. 6 (La.App. 5 Cir. 7/27/99), 742 So.2d 957, 960 , writ denied, 99-2583 (La.2/11/00), 754 So.2d 935 , the defendant did not object at sentencing or raise the trial judge’s failure to observe the delay as error, yet he specifically challenged the sentence as excessive.

12011–2011
State v. Wilson green
lactapp · 1999
1 sentence

2011Further, in State v. Wilson, 99-105, p. 6 (La.App. 5 Cir. 7/27/99), 742 So.2d 957, 960 , writ denied, 99-2583 (La.2/11/00), 754 So.2d 935 , the defendant did not object at sentencing or raise the trial judge’s failure to observe the delay as error, yet he specifically challenged the sentence as excessive.

12011–2011
State v. Allen green
lactapp · 1994
1 sentence

1999See State v. Williams, 97-970 (La.App. 5th Cir. 1/27/98), 708 So.2d 1086 ; State v. Allen, 93-844 (La.App. 5th Cir. 5/11/94), 638 So.2d 263 .

11999–1999
State v. Broussard green
la · 1982
1 sentence

1990There, the court reasoned that “upon conviction a defendant is entitled to know the full consequences of the verdict within a reasonable time.” Id. at 110-111 .

11990–1990
State v. George green
la · 1950
2 sentences

1966Nevertheless, such counsel suggest in the supplemental brief that the case of State v. George, 218 La. 18 , 48 So.2d 265 , “might be taken for the proposition that, in addition to violation of the twenty-four hour’s delay rule, the defendant must show some prejudice in order for the sentence to be set aside”, conformably with the provisions of LRS 15:557.

1966Nevertheless, such counsel suggest in the supplemental brief that the case of State v. George, 218 La. 18 , 48 So.2d 265 , “might be taken for the proposition that, in addition to violation of the twenty-four hour’s delay rule, the defendant must show some prejudice in order for the sentence to be set aside”, conformably with the provisions of LRS 15:557.

11966–1966
Dennis Sheen Transfer v. Georgia Casualty Co. neutral
la · 1927
2 sentences

1935The case Dennis Sheen Transfer v.. Georgia Casualty Co., 163 La. 969 , 113 So. 165 deals with the result of delay on the part of the assured only, and the situation was not the same as in the present case.

1935The case Dennis Sheen Transfer v.. Georgia Casualty Co., 163 La. 969 , 113 So. 165 deals with the result of delay on the part of the assured only, and the situation was not the same as in the present case.

11935–1935

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:27 (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

NY 59 (1890–2024) IL 28 (1921–2024) TX 27 (1978–2025) OH 24 (1971–2026) CA 23 (1917–2023) WA 16 (1964–2023) LA 15 (1935–2025) PA 12 (1964–2025) NC 10 (1982–2021) NE 9 (1986–2025) MI 8 (1877–2025) MD 8 (1961–2010) MS 7 (1992–2021) GA 6 (1996–2023) NM 6 (1991–2024) KS 5 (1988–2022) AR 5 (1988–2006) CT 5 (1964–2008) NJ 5 (1903–2018) FL 5 (1968–2016) MA 4 (1923–2017) AL 4 (1908–2005) NV 4 (1970–2021) WV 4 (1980–2006) OR 4 (1976–2025) MT 3 (1966–1998) SD 3 (2007–2008) AZ 2 (1971–2018) ID 2 (1897–1931) VA 2 (2009–2009) IN 2 (2015–2020) CO 2 (1995–2025) TN 2 (1934–2002) OK 2 (2011–2019) WI 2 (2001–2026) AK 2 (1987–1996) MN 2 (2005–2007) IA 2 (1997–2024) UT 2 (1951–1984)

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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