14 Louisiana opinions name it 2 courts 1871–2014 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. Rogersgreen1 sentence2014In Carney, 663 So.2d at 473 , the second circuit stated: “Due process and our statutory law require that the issue of the defendant’s mental capacity to proceed shall be determined by the court.” [State v.] Rogers, [ 419 So.2d 840, 843 (La.1982)]. | 1 | 1 |
Sims v. Simsgreen1 sentence1995Evolution of “Sims formula” In Sims , the Louisiana Supreme Court established the following formula for determining a non-employed spouse’s portion of a defined benefit retirement or pension plan: [[Image here]] Id. at 924 (emphasis added). | 1 | 1 |
State v. Battlegreen1 sentence1994As this Court recently stated, "this is an obvious error ... which renders defendant's sentence illegal." State v. Battle, 635 So.2d 337, 343 (La.App. 5th Cir.1994). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Carney
neutral
1 sentence2014In Carney, 663 So.2d at 473 , the second circuit stated: “Due process and our statutory law require that the issue of the defendant’s mental capacity to proceed shall be determined by the court.” [State v.] Rogers, [ 419 So.2d 840, 843 (La.1982)]. | 1 | 2014–2014 |
State v. Brown
green
1 sentence2013Brown, 966 So.2d at 1149-50 . | 1 | 2013–2013 |
Gardner Ex Rel. Gardner v. La. State Univ. Med. Center Shreveport
neutral
1 sentence2001Tepper and Barrow, the trial court concluded that the medical review panel's "bare opinion is insufficient to controvert the obvious violation of a published standard of care." As previously and consistently held by this court, and despite appellees' argument to the contrary, we note that the opinion of the medical review panel in this case is properly before us for consideration during our de novo review of the summary judgment. [4] See, Hinson v. Glen Oak Retirement Home, 34,281 (La.App.2d Cir.12/15/00), 774 So.2d 1134 ; Pugh v. Beach, 31,361 (La.App.2d Cir.12/11/98), 722 So.2d 442 ; Gardner | 1 | 2001–2001 |
Hinson v. Glen Oak Retirement Home
green
1 sentence2001Tepper and Barrow, the trial court concluded that the medical review panel's "bare opinion is insufficient to controvert the obvious violation of a published standard of care." As previously and consistently held by this court, and despite appellees' argument to the contrary, we note that the opinion of the medical review panel in this case is properly before us for consideration during our de novo review of the summary judgment. [4] See, Hinson v. Glen Oak Retirement Home, 34,281 (La.App.2d Cir.12/15/00), 774 So.2d 1134 ; Pugh v. Beach, 31,361 (La.App.2d Cir.12/11/98), 722 So.2d 442 ; Gardner | 1 | 2001–2001 |
Pugh v. Beach
green
1 sentence2001Tepper and Barrow, the trial court concluded that the medical review panel's "bare opinion is insufficient to controvert the obvious violation of a published standard of care." As previously and consistently held by this court, and despite appellees' argument to the contrary, we note that the opinion of the medical review panel in this case is properly before us for consideration during our de novo review of the summary judgment. [4] See, Hinson v. Glen Oak Retirement Home, 34,281 (La.App.2d Cir.12/15/00), 774 So.2d 1134 ; Pugh v. Beach, 31,361 (La.App.2d Cir.12/11/98), 722 So.2d 442 ; Gardner | 1 | 2001–2001 |
Dickerson v. New Banner Institute, Inc.
red
2 sentences1989Expunction in Iowa means no more than that the State has provided a means for the trial court not to accord a conviction certain continuing effects under state law. 460 U.S. at 115 , 103 S.Ct. at 993 , 74 L.Ed.2d at 855-56 . 1989Expunction in Iowa means no more than that the State has provided a means for the trial court not to accord a conviction certain continuing effects under state law. 460 U.S. at 115 , 103 S.Ct. at 993 , 74 L.Ed.2d at 855-56 . | 1 | 1989–1989 |
Pelican Construction Company v. Sewerage and Water Board of New Orleans
green
1 sentence1987In fact, the Fourth Circuit itself, in Pelican Construction Co. v. Sewerage and Water Board, 240 So.2d 556 (La.App. 4th Cir. 1970), did not mention, or follow, Miller. | 1 | 1987–1987 |
Nevels v. Hendrix
green
1 sentence1986On the basis of the affidavits submitted, [2] this court would find it difficult to agree that Baesler's car had been furnished for his regular use, cf. Nevels v. Hendrix, 367 So.2d 33 (La.App. 4th Cir.1978), or that such an exclusion could stand against the mandate of the uninsured motorist statute. | 1 | 1986–1986 |
Gales v. Gold Bond Building Products
green
1 sentence1986We issued writs to correct an obvious error. 475 So.2d 347 (La.1985); see C.C.P. 2164. | 1 | 1986–1986 |
Rougeau v. Commercial Union Ins. Co.
green
1 sentence1984In making this finding the trial judge rejected the then unreported Third Circuit case of Rougeau v. Commercial Union, 432 So.2d 1162 (La.App. 3rd Cir.1983). | 1 | 1984–1984 |
First National Bank of Lafayette v. Gaddis
green
1 sentence1979First National Bank of Lafayette v. Gaddis, supra ; Miller, Lyon & Co. v. Cappel, supra ; La.C.C.P. | 1 | 1979–1979 |
Robinson v. General Motors Corporation
green
1 sentence1979Robinson v. General Motors Corp., 328 So.2d 751 (La.App. 4th Cir. 1976). | 1 | 1979–1979 |
State v. Havelin
neutral
1 sentence1979The court cited, in support of the above proposition, the decisions in State v. Johnson, 35 La.Ann. 842 (1883); State v. Jackson, 29 La.Ann. 354 (1877), and State v. Havelin, 6 La.Ann. 167 (1851). | 1 | 1979–1979 |
State v. Jackson
neutral
1 sentence1979The court cited, in support of the above proposition, the decisions in State v. Johnson, 35 La.Ann. 842 (1883); State v. Jackson, 29 La.Ann. 354 (1877), and State v. Havelin, 6 La.Ann. 167 (1851). | 1 | 1979–1979 |
State v. Johnson
neutral
1 sentence1979The court cited, in support of the above proposition, the decisions in State v. Johnson, 35 La.Ann. 842 (1883); State v. Jackson, 29 La.Ann. 354 (1877), and State v. Havelin, 6 La.Ann. 167 (1851). | 1 | 1979–1979 |
Miller v. Cappel
green
1 sentence1979First National Bank of Lafayette v. Gaddis, supra ; Miller, Lyon & Co. v. Cappel, supra ; La.C.C.P. | 1 | 1979–1979 |
State v. Desroche
green
1 sentence1979The court stated: "To try both together was, in effect, to try each on the confession of the other; and this, of course, would be to disregard the obvious principle that no man can be affected in his rights of person or property by the statements of another out of his presence, and not assented to by him." 47 La.Ann. at 654 , 17 So. at 210. | 1 | 1979–1979 |
Butler v. Maryland Casualty Company
green
1 sentence1964Such a conclusion was reached in Butler v. Maryland Casualty Co., 147 F.Supp. 391 , decided by the Federal District Court for the Baton Rouge Division of the Eastern District of Louisiana. | 1 | 1964–1964 |
Runyan v. Lessee of Coster
green
1 sentence1871The Supreme Court of the United States declared this obvious doctrine, and it has been repeated in the decisions of the State courts. 2 Crunch 167; 4 Wheaton 636 ; 4 Peters 163 ; 13 Peters 587 ; 14 Peters 122 ; 12 Wheaton 68 .” Rehearing refused. | 1 | 1871–1871 |
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.