Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
14 Louisiana opinions name it 2 courts 1969–1989 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.
| Case | Followed | Cited |
|---|---|---|
State v. Andersongreen2 sentences1974See dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 (1969), State v. Anderson, 254 La. 1107 , 229 So.2d 329 (1970), and State v. Hills, 259 La. 436 , 250 So.2d 394 (1971). 1974See dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 (1969), State v. Anderson, 254 La. 1107 , 229 So.2d 329 (1970), and State v. Hills, 259 La. 436 , 250 So.2d 394 (1971). | 2 | 2 |
State v. Hoppergreen2 sentences1974See dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 (1969), State v. Anderson, 254 La. 1107 , 229 So.2d 329 (1970), and State v. Hills, 259 La. 436 , 250 So.2d 394 (1971). 1974See dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 (1969), State v. Anderson, 254 La. 1107 , 229 So.2d 329 (1970), and State v. Hills, 259 La. 436 , 250 So.2d 394 (1971). | 2 | 2 |
State v. Gibsongreen2 sentences1989In State v. Gibson, 391 So.2d 421 (La.1980), the Louisiana Supreme Court adopted the federal harmless error rule as set forth by the U.S. Supreme Court in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). 1987In State v. Gibson, 391 So.2d 421, 427 (La.1980), we adopted the federal harmless error standard of appellate review, since the standard is "most compatible with this Court's view of its own criminal appellate jurisdiction." It may ultimately be found that the admission of a coerced confession can never be treated as harmless error. | 1 | 3 |
State v. Hillsgreen2 sentences1974See dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 (1969), State v. Anderson, 254 La. 1107 , 229 So.2d 329 (1970), and State v. Hills, 259 La. 436 , 250 So.2d 394 (1971). 1974See dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 (1969), State v. Anderson, 254 La. 1107 , 229 So.2d 329 (1970), and State v. Hills, 259 La. 436 , 250 So.2d 394 (1971). | 1 | 1 |
State v. McGregorgreen2 sentences1971See my dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 , and State v. Anderson, 254 La. 1107 , 229 So.2d 329 , and my concurrences in State v. McGregor, 257 La. 956 , 244 So.2d 846 , and State v. Mixon, 258 La. 835 , 248 So.2d 307 . 1971See my dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 , and State v. Anderson, 254 La. 1107 , 229 So.2d 329 , and my concurrences in State v. McGregor, 257 La. 956 , 244 So.2d 846 , and State v. Mixon, 258 La. 835 , 248 So.2d 307 . | 1 | 1 |
State v. Mixongreen2 sentences1971See my dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 , and State v. Anderson, 254 La. 1107 , 229 So.2d 329 , and my concurrences in State v. McGregor, 257 La. 956 , 244 So.2d 846 , and State v. Mixon, 258 La. 835 , 248 So.2d 307 . 1971See my dissents in State v. Hopper, 253 La. 439 , 218 So.2d 551 , and State v. Anderson, 254 La. 1107 , 229 So.2d 329 , and my concurrences in State v. McGregor, 257 La. 956 , 244 So.2d 846 , and State v. Mixon, 258 La. 835 , 248 So.2d 307 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chapman v. California
red
2 sentences1989The court went on to adopt the federal harmless error rule as stated and applied by the U.S. Supreme Court in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). 1989The court went on to adopt the federal harmless error rule as stated and applied by the U.S. Supreme Court in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). | 8 | 1969–1989 |
State v. Michelli
green
2 sentences1975C.Cr.P. 921 reads as follows: "A judgment or ruling shall not be reversed by an appellate court on any ground unless in the opinion of the court after an examination of the entire record, it appears that the error complained of has probably resulted in a miscarriage of justice, is prejudicial to the substantial rights of the accused, or constitutes a substantial violation of a constitutional or statutory right." In two recent decisions, State v. Herman, 304 So.2d 322 (La.1974) and State v. Michelli, 301 So.2d 577 (La.1974), we held that this provision prevents our application of the federal ha 1974It cites the Court's decision in State v. Michelli, 301 So.2d 577 (La.1974), wherein we distinguished our rule of law under La.C.Cr.P. art. 921 and the federal harmless error rule which allows a review of the evidence independent of the error urged to determine whether the defendant's guilt has been overwhelmingly proved independently and the error may be considered harmless. | 2 | 1974–1975 |
Payne v. Arkansas
green
2 sentences1987In Payne v. Arkansas, 356 U.S. 560 , 78 S.Ct. 844 , 2 L.Ed.2d 975 (1958), the petitioner, a 19 year old black man, argued that his confession was impermissibly introduced into evidence, as the confession was the product of coercion. 1987In Payne v. Arkansas, 356 U.S. 560 , 78 S.Ct. 844 , 2 L.Ed.2d 975 (1958), the petitioner, a 19 year old black man, argued that his confession was impermissibly introduced into evidence, as the confession was the product of coercion. | 1 | 1987–1987 |
Robert Favre v. C. Murray Henderson, Warden, Louisiana State Penitentiary
green
1 sentence1975The informers were not subject to cross-examination and the triers of fact had absolutely no "satisfactory basis for evaluating the truth of the prior statement." 464 F.2d at 364 . | 1 | 1975–1975 |
State v. Herman
neutral
1 sentence1975C.Cr.P. 921 reads as follows: "A judgment or ruling shall not be reversed by an appellate court on any ground unless in the opinion of the court after an examination of the entire record, it appears that the error complained of has probably resulted in a miscarriage of justice, is prejudicial to the substantial rights of the accused, or constitutes a substantial violation of a constitutional or statutory right." In two recent decisions, State v. Herman, 304 So.2d 322 (La.1974) and State v. Michelli, 301 So.2d 577 (La.1974), we held that this provision prevents our application of the federal ha | 1 | 1975–1975 |
Ker v. California
green
2 sentences1969The federal harmless error doctrine, its evolution, and its change may be set forth by quoting pertinent statements from several United States Supreme Court decisions. “* * * While this Court does not sit as in nisi prius to appraise contradictory factual questions, it will, where necessary to the determination of constitutional rights, make an independent examination of the facts, the findings, and the record so that it can determine for itself whether in the decision as to reasonableness the fundamental — i.e., constitutional — criteria established by this Court have been respected. * * *” K 1969The federal harmless error doctrine, its evolution, and its change may be set forth by quoting pertinent statements from several United States Supreme Court decisions. “* * * While this Court does not sit as in nisi prius to appraise contradictory factual questions, it will, where necessary to the determination of constitutional rights, make an independent examination of the facts, the findings, and the record so that it can determine for itself whether in the decision as to reasonableness the fundamental — i.e., constitutional — criteria established by this Court have been respected. * * *” K | 1 | 1969–1969 |
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.