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14 Louisiana opinions name it 2 courts 1971–2024 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. Straingreen2 sentences2006Additionally, the trial court should inquire into the defendant's age, education and mental condition and should determine according to the totality of circumstances whether the accused understands the significance of the waiver. [ Id. ] In order to sufficiently establish on the record that defendant is making an intelligent and knowing waiver, the inquiry should involve more than an interchange of "yes" or "no" responses from the defendant. 2002"There must be a sufficient inquiry (an interchange with more than "yes" and "no" responses by the defendant) to establish on the record that the defendant is making an intelligent and knowing waiver under the circumstances." Strain, supra, at 542 . | 2 | 9 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Bruce
green
1 sentence2008App. 5 Cir. 12/30/03), 864 So.2d 854, 857 , the fifth circuit stated that "[i]n order to sufficiently establish on the record that defendant is making an intelligent and knowing waiver, the inquiry should involve more than an interchange of `yes' or `no' responses from the defendant." In the present case, the trial judge asked if Defendant knew about the law, "You have sources and so forth to research that issue?" Defendant answered, "Yes, sir. | 1 | 2008–2008 |
Von Moltke v. Gillies
green
1 sentence2007Id. | 1 | 2007–2007 |
State v. Mahogany
neutral
1 sentence1999Id. | 1 | 1999–1999 |
State v. Hudson
green
1 sentence1982We find additional support for our position in the recent case of State v. Hudson, 404 So.2d 460 (La.1981). | 1 | 1982–1982 |
Escobedo v. Illinois
green
2 sentences1971Miranda essentially refers to interrogations “after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way”, 384 U.S. 444 , 86 S.Ct. 1612 , when “the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect”, 378 U.S. 490 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (Escobedo) referred to in Miranda at 384 U.S. 444 , 86 S.Ct. 1602 ) ; it does not, for instance, apply to “general questioning of citizens in the fact-finding process”, 384 U.S. 477 , 86 S.Ct. 1629 . 1971Miranda essentially refers to interrogations “after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way”, 384 U.S. 444 , 86 S.Ct. 1612 , when “the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect”, 378 U.S. 490 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (Escobedo) referred to in Miranda at 384 U.S. 444 , 86 S.Ct. 1602 ) ; it does not, for instance, apply to “general questioning of citizens in the fact-finding process”, 384 U.S. 477 , 86 S.Ct. 1629 . | 1 | 1971–1971 |
Miranda v. Arizona
green
1 sentence1971Miranda essentially refers to interrogations “after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way”, 384 U.S. 444 , 86 S.Ct. 1612 , when “the investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect”, 378 U.S. 490 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (Escobedo) referred to in Miranda at 384 U.S. 444 , 86 S.Ct. 1602 ) ; it does not, for instance, apply to “general questioning of citizens in the fact-finding process”, 384 U.S. 477 , 86 S.Ct. 1629 . | 1 | 1971–1971 |
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.