has adopted test (Louisiana) · Go Syfert
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has adopted test in Louisiana

13 Louisiana opinions name it 2 courts 1932–1991 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.

Followed or applied (4)

CaseFollowedCited
Holmes Company v. Foretgreen
la · 1956 · cited in 2 Louisiana opinions naming this issue, 1956–1958
2 sentences

1958See, Holmes Co. v. Foret, 229 La. 360 , 86 So.2d 66 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 .” Since there is no manifest error shown in the instant case, the judgment of the district court will be affirmed. “ * * * It is well established in the jurisprudence that, in the absence of manifest error, we will not reverse the judgment of the trial court upon a controversial and disputed question of fact.

1958See, Holmes Co. v. Foret, 229 La. 360 , 86 So.2d 66 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 .” Since there is no manifest error shown in the instant case, the judgment of the district court will be affirmed. “ * * * It is well established in the jurisprudence that, in the absence of manifest error, we will not reverse the judgment of the trial court upon a controversial and disputed question of fact.

22
State v. Greengreen
la · 1986 · cited in 2 Louisiana opinions naming this issue, 1990–1991
2 sentences

1991In State v. Green, 493 So.2d 1178 (La. 1986), the Louisiana Supreme Court addressed the "harmless error" question stating: "In order to determine if improperly admitted evidence has prejudiced a defendant, this court has adopted the test for harmless error announced in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

1990The standard used to determine whether the erroneous introduction of physical evidence constitutes harmless error was set forth by the Supreme Court in State v. Green, 493 So.2d 1178 at 1185 (La.1986): “In order to determine if improperly admitted evidence has prejudiced a defendant, this court has adopted the test for harmless error announced in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

12
Jackson v. Virginiared
scotus · 1979 · cited in 2 Louisiana opinions naming this issue, 1981–1981
2 sentences

1981In a series of recent cases, this court has adopted the rule applied by the U.S. Supreme Court in its consideration of Federal Constitutional habeas corpus application from state convictions as enunciated in Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

1981In a series of recent cases, this court has adopted the rule applied by the U.S. Supreme Court in its consideration of Federal Constitutional habeas corpus application from state convictions as enunciated in Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

12
State v. Hartmangreen
la · 1980 · cited in 1 Louisiana opinions naming this issue, 1981–1981
1 sentence

1981See State v. Hartman, 388 So.2d 688 (La.1980); State v. Harveston, 389 So.2d 63 (La.1980); State v. Morgan, 389 So.2d 364 (La.1980); and especially applicable here, State v. Guillot, 389 So.2d 68 (La.1980).

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 (17)

CaseCitedYears
State v. Gibson green
la · 1980
2 sentences

1991In State v. Gibson, 391 So.2d 421 (La.1980), this court determined the harmless error rule of Chapman used by the federal courts was `the standard most compatible with this Court's view of its own criminal appellate jurisdiction.' Gibson, supra .

1990In State v. Gibson, 391 So.2d 421 (La.1980), this court determined the harmless error rule of Chapman used by the federal courts was ‘the standard most compatible with this Court’s view of its own criminal appellate jurisdiction.’ Gibson, supra. “In Gibson the court was concerned with prejudice suffered by the defendant due to the introduction of evidence which had been obtained through an unreasonable search and seizure.

31986–1991
Chapman v. California red
scotus · 1967
2 sentences

1991In State v. Green, 493 So.2d 1178 (La. 1986), the Louisiana Supreme Court addressed the "harmless error" question stating: "In order to determine if improperly admitted evidence has prejudiced a defendant, this court has adopted the test for harmless error announced in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

1991In State v. Green, 493 So.2d 1178 (La. 1986), the Louisiana Supreme Court addressed the "harmless error" question stating: "In order to determine if improperly admitted evidence has prejudiced a defendant, this court has adopted the test for harmless error announced in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

31986–1991
A. Wilbert's Sons Lumber & Shingle Co. v. Ricard neutral
la · 1928
2 sentences

1942A. Wilbert's Sons Lumber Shingle Co. v. Ricard, 167 La. 416 , 119 So. 411 ; Sliman et al. v. Fish, 177 La. 38 , 147 So. 493 ." Can it reasonably be said that the law intended to exempt only "tools or instruments" which are wholly owned by the debtor and used by him to earn a livelihood?

1942A. Wilbert's Sons Lumber Shingle Co. v. Ricard, 167 La. 416 , 119 So. 411 ; Sliman et al. v. Fish, 177 La. 38 , 147 So. 493 ." Can it reasonably be said that the law intended to exempt only "tools or instruments" which are wholly owned by the debtor and used by him to earn a livelihood?

31936–1942
Sliman v. Fish green
la · 1933
2 sentences

1942A. Wilbert's Sons Lumber Shingle Co. v. Ricard, 167 La. 416 , 119 So. 411 ; Sliman et al. v. Fish, 177 La. 38 , 147 So. 493 ." Can it reasonably be said that the law intended to exempt only "tools or instruments" which are wholly owned by the debtor and used by him to earn a livelihood?

1942A. Wilbert's Sons Lumber Shingle Co. v. Ricard, 167 La. 416 , 119 So. 411 ; Sliman et al. v. Fish, 177 La. 38 , 147 So. 493 ." Can it reasonably be said that the law intended to exempt only "tools or instruments" which are wholly owned by the debtor and used by him to earn a livelihood?

31936–1942
State v. Kemp green
la · 1978
2 sentences

1981State v. Nowell, supra; State v. Kemp, 359 So.2d 978 (La.1978); State v. Bullock, 311 So.2d 242 (La.1975).

1978State v. Kemp, 359 So.2d 978 (La.1978); State v. Bullock, 311 So.2d 242 (La.1975).

21978–1981
Barker v. Wingo green
scotus · 1972
2 sentences

1981United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971); State v. Fraise, 350 So.2d 154 (La.1977); State v. Nowell, supra. This Court has adopted the test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), in which the United States Supreme Court weighed the conduct of both the prosecutor and the defendant in light of four factors: length of delay, reasons for delay, assertion of the right, and prejudice to the defendant.

1981United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971); State v. Fraise, 350 So.2d 154 (La.1977); State v. Nowell, supra. This Court has adopted the test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), in which the United States Supreme Court weighed the conduct of both the prosecutor and the defendant in light of four factors: length of delay, reasons for delay, assertion of the right, and prejudice to the defendant.

21978–1981
State v. Bullock green
la · 1975
2 sentences

1981State v. Nowell, supra; State v. Kemp, 359 So.2d 978 (La.1978); State v. Bullock, 311 So.2d 242 (La.1975).

1978State v. Kemp, 359 So.2d 978 (La.1978); State v. Bullock, 311 So.2d 242 (La.1975).

21978–1981
Allison v. Pick neutral
la · 1956
2 sentences

1958See, Holmes Co. v. Foret, 229 La. 360 , 86 So.2d 66 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 .” Since there is no manifest error shown in the instant case, the judgment of the district court will be affirmed. “ * * * It is well established in the jurisprudence that, in the absence of manifest error, we will not reverse the judgment of the trial court upon a controversial and disputed question of fact.

1958See, Holmes Co. v. Foret, 229 La. 360 , 86 So.2d 66 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 .” Since there is no manifest error shown in the instant case, the judgment of the district court will be affirmed. “ * * * It is well established in the jurisprudence that, in the absence of manifest error, we will not reverse the judgment of the trial court upon a controversial and disputed question of fact.

21956–1958
State v. Nowell green
la · 1978
2 sentences

1981United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971); State v. Fraise, 350 So.2d 154 (La.1977); State v. Nowell, supra. This Court has adopted the test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), in which the United States Supreme Court weighed the conduct of both the prosecutor and the defendant in light of four factors: length of delay, reasons for delay, assertion of the right, and prejudice to the defendant.

1981State v. Nowell, supra; State v. Kemp, 359 So.2d 978 (La.1978); State v. Bullock, 311 So.2d 242 (La.1975).

11981–1981
State v. Fraise green
la · 1977
1 sentence

1981United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971); State v. Fraise, 350 So.2d 154 (La.1977); State v. Nowell, supra. This Court has adopted the test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), in which the United States Supreme Court weighed the conduct of both the prosecutor and the defendant in light of four factors: length of delay, reasons for delay, assertion of the right, and prejudice to the defendant.

11981–1981
United States v. Marion green
scotus · 1971
2 sentences

1981United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971); State v. Fraise, 350 So.2d 154 (La.1977); State v. Nowell, supra. This Court has adopted the test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), in which the United States Supreme Court weighed the conduct of both the prosecutor and the defendant in light of four factors: length of delay, reasons for delay, assertion of the right, and prejudice to the defendant.

1981United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971); State v. Fraise, 350 So.2d 154 (La.1977); State v. Nowell, supra. This Court has adopted the test of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), in which the United States Supreme Court weighed the conduct of both the prosecutor and the defendant in light of four factors: length of delay, reasons for delay, assertion of the right, and prejudice to the defendant.

11981–1981
State v. Guillot green
la · 1980
1 sentence

1981See State v. Hartman, 388 So.2d 688 (La.1980); State v. Harveston, 389 So.2d 63 (La.1980); State v. Morgan, 389 So.2d 364 (La.1980); and especially applicable here, State v. Guillot, 389 So.2d 68 (La.1980).

11981–1981
State v. Harveston green
la · 1980
1 sentence

1981See State v. Hartman, 388 So.2d 688 (La.1980); State v. Harveston, 389 So.2d 63 (La.1980); State v. Morgan, 389 So.2d 364 (La.1980); and especially applicable here, State v. Guillot, 389 So.2d 68 (La.1980).

11981–1981
State v. Morgan green
la · 1980
1 sentence

1981See State v. Hartman, 388 So.2d 688 (La.1980); State v. Harveston, 389 So.2d 63 (La.1980); State v. Morgan, 389 So.2d 364 (La.1980); and especially applicable here, State v. Guillot, 389 So.2d 68 (La.1980).

11981–1981
Young v. Geter green
la · 1936
1 sentence

1942The purpose underlying all exemption legislation is the securing to the unfortunate debtor of the means to support himself and his family, the protection of the family being the main consideration." The subject received elaborate attention by the Supreme Court in Young v. Geter, supra. It is said therein [ 185 La. 709 , 170 So. 242 , 107 A.L.R. 608 ]: "* * * but in determining whether the debtor is entitled to the exemption, this court has adopted the rule that whenever the claim to the exemption can be brought within the purpose and intent of the statute by a fair and reasonable interpretatio

11942–1942
Woodley Collins v. Schusters' Wholesale Produce Co. green
la · 1930
2 sentences

1932App. 467 , 124 So. 559 , affirmed by the Supreme Court in 170 La. 527 , 128 So. 469 .

1932App. 467 , 124 So. 559 , affirmed by the Supreme Court in 170 La. 527 , 128 So. 469 .

11932–1932
Woodley v. Schuster's Wholesale Grocery Co. neutral
lactapp · 1929
2 sentences

1932This court has adopted that principle of law in the case of Woodley & Collins v. Schuster’s Wholesale Grocery Co., 12 La.

1932App. 467 , 124 So. 559 , affirmed by the Supreme Court in 170 La. 527 , 128 So. 469 .

11932–1932

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (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

MS 37 (1953–2023) WA 30 (1900–2019) RI 22 (1981–2011) OK 21 (1920–2004) AR 21 (1898–2019) MT 20 (1890–2025) WI 17 (1909–2005) KY 17 (1915–1977) NE 17 (1906–2024) IL 15 (1902–2024) ID 14 (1949–2020) AL 14 (1889–2005) OH 13 (1991–2024) LA 13 (1932–1991) PA 13 (1963–2025) TX 12 (1974–2022) MI 11 (1894–2023) MD 11 (1910–2023) MN 11 (1901–1997) WV 11 (1946–2013) OR 10 (1900–1987) DC 10 (1991–2024) NC 9 (1931–2019) NJ 7 (1996–2024) IN 7 (1885–2004) HI 7 (1988–2019) VT 7 (1998–2020) SD 6 (1905–1995) MO 6 (1911–2003) AZ 6 (1911–1988) IA 5 (1882–1939) CT 5 (1987–2006) ND 4 (1970–2021) UT 4 (1920–1992) CO 4 (1987–2002) KS 4 (1933–2018) CA 4 (1891–1991) NY 4 (1928–2014) NH 3 (1970–1980) VI 3 (2013–2025) FL 3 (1959–1995) WY 2 (1986–1987) DE 2 (1991–2017) TN 2 (1922–1957) MA 2 (1986–2019) GA 2 (1928–1985) NV 2 (1973–2012) AK 2 (2017–2017) NM 2 (1974–1977)

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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