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15 Louisiana opinions name it 2 courts 1984–2021 1 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 v. Cappelgreen2 sentences2021Cappel, 525 So. 2d at 337 . 2013State v. Cappel, 525 So.2d 335, 337 (La.App. 1st Cir.), writ denied, 531 So.2d 468 (La.1988). 120When the record does not clearly indicate a valid waiver of the right to a jury trial, the recent trend has not been to reverse, but to remand the case to the trial court for an evidentiary hearing on the issue of whether a valid jury waiver was obtained. | 2 | 3 |
Johnson v. Zerbstred2 sentences2016See Brookhart v. Janis, 384 U.S. 1, 4 , 86 S.Ct. 1245 , 16 L.Ed.2d 314 (1966) (“There is a presumption against the waiver of constitutional rights ... and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ ”) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). 6 The holding of Jones , however, is not the execution of any waiver agreement but rather that ongoing participation itself in the diversion program constituted the interruption. 2016See Brookhart v. Janis, 384 U.S. 1, 4 , 86 S.Ct. 1245 , 16 L.Ed.2d 314 (1966) (“There is a presumption against the waiver of constitutional rights ... and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ ”) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). 6 The holding of Jones , however, is not the execution of any waiver agreement but rather that ongoing participation itself in the diversion program constituted the interruption. | 1 | 1 |
Brookhart v. Janisgreen2 sentences2016See Brookhart v. Janis, 384 U.S. 1, 4 , 86 S.Ct. 1245 , 16 L.Ed.2d 314 (1966) (“There is a presumption against the waiver of constitutional rights ... and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ ”) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). 6 The holding of Jones , however, is not the execution of any waiver agreement but rather that ongoing participation itself in the diversion program constituted the interruption. 2016See Brookhart v. Janis, 384 U.S. 1, 4 , 86 S.Ct. 1245 , 16 L.Ed.2d 314 (1966) (“There is a presumption against the waiver of constitutional rights ... and for a waiver to be effective it must be clearly established that there was ‘an intentional relinquishment or abandonment of a known right or privilege.’ ”) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). 6 The holding of Jones , however, is not the execution of any waiver agreement but rather that ongoing participation itself in the diversion program constituted the interruption. | 1 | 1 |
State v. Jonesgreen1 sentence2016See Jones, 12-0653, p. 7, 107 So.3d at 1290 . | 1 | 1 |
State v. Verdingreen1 sentence1988State v. Verdin, 496 So.2d 641, 643 (La.App. 1st Cir.1986); State v. Suggs, 432 So.2d at 1017 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tague v. Louisiana
green
2 sentences2015Tague v. Louisiana, 444 U.S. 469 , 100 S.Ct. 652 , 62 L.Ed.2d 622 (1980). 2015Tague v. Louisiana, 444 U.S. 469 , 100 S.Ct. 652 , 62 L.Ed.2d 622 (1980). | 4 | 1992–2015 |
State v. Suggs
green
2 sentences1988State v. Verdin, 496 So.2d 641, 643 (La.App. 1st Cir.1986); State v. Suggs, 432 So.2d at 1017 . 1988State v. Williams, supra; State v. Suggs, supra. For the foregoing reasons, defendant’s conviction and sentence are reversed. | 2 | 1988–1988 |
Willeby v. JE Merit Constructors, Inc.
neutral
1 sentence2017“This presumption against waiver of the right to a jury trial applies to all parties.” Willeby v. JE Merit Constructors, Inc., 2004-2421, p. 5 (La.App. 1 Cir. 6/10/05), 917 So.2d 21, 23-24 . | 1 | 2017–2017 |
State v. Lemonte
neutral
2 sentences2014State v. Lemonte, 12-657 (La.App. 5 Cir. 1/30/13) , 108 So.3d 1271, 1278 . 2014State v. Lemonte, 12-657 (La.App. 5 Cir. 1/30/13) , 108 So.3d 1271, 1278 . | 1 | 2014–2014 |
State v. Cappel
neutral
1 sentence2013State v. Cappel, 525 So.2d 335, 337 (La.App. 1st Cir.), writ denied, 531 So.2d 468 (La.1988). 120When the record does not clearly indicate a valid waiver of the right to a jury trial, the recent trend has not been to reverse, but to remand the case to the trial court for an evidentiary hearing on the issue of whether a valid jury waiver was obtained. | 1 | 2013–2013 |
Flatland Real Estate Co., LLC v. Dugas Const., Inc.
green
1 sentence2003Flatland Real Estate Company, LLC , 00-1794 at 5, 784 So.2d at 871 . | 1 | 2003–2003 |
Rauscher Pierce Refsnes, Inc. v. Flatt
green
1 sentence2003Rauscher Pierce Refsnes, Inc. v. Flatt, 93-1672, p. 5 (La.App. 4 Cir. 2/11/94); 632 So.2d 807, 810 . | 1 | 2003–2003 |
State v. Williams
green
1 sentence1988State v. Williams, supra; State v. Suggs, supra. For the foregoing reasons, defendant’s conviction and sentence are reversed. | 1 | 1988–1988 |
Duplantis v. US Fid. & Guaranty Ins. Corp.
green
1 sentence1984Champagne v. American Southern Insurance Company, 295 So.2d 437 (La.1974); Duplantis v. U.S. Fidelity and Guaranty Insurance Corp., 342 So.2d 1142 (La.App. 1st Cir.1977). | 1 | 1984–1984 |
Champagne v. American Southern Insurance Co.
green
1 sentence1984Champagne v. American Southern Insurance Company, 295 So.2d 437 (La.1974); Duplantis v. U.S. Fidelity and Guaranty Insurance Corp., 342 So.2d 1142 (La.App. 1st Cir.1977). | 1 | 1984–1984 |
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.