determined error (Louisiana) · Go Syfert
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determined error in Louisiana

12 Louisiana opinions name it 2 courts 1977–2018 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 (2)

CaseFollowedCited
State v. McHenrygreen
lactapp · 1991 · cited in 1 Louisiana opinions naming this issue, 1999–1999
1 sentence

1999See also, State v. McHenry, 573 So.2d 590 (La.App. 2d Cir.1991) (failure to advise defendant of the right to a jury trial precludes a finding that the guilty plea was knowingly and intelligently entered).

11
Dunn v. Land and Marine Properties, Inc.green
lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 1996–1996
1 sentence

1996Accordingly, the court held that the "contracts" were null and void ab initio. [7] In Dunn v. Land and Marine Properties, Inc., 609 So.2d 284, 290 (La.App. 3rd Cir.1992), the contract of representation at issue specifically called for Land and Marine Properties, Inc. "to perform all necessary administrative and legal work, including pursuit of litigation if necessary." The court held that the contract was null on its face because there was no question as to whether the services to be performed constituted the practice of law.

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 (13)

CaseCitedYears
State v. Breaux green
lactapp · 2009
1 sentence

2018Similarly, in State v. Breaux , 08-1061 (La.App. 3 Cir. 4/1/09) , 6 So.3d 982 , the trial court failed to properly sequester the jury, but a panel of this court determined the error was harmless.

12018–2018
State v. Franklin green
lactapp · 2011
2 sentences

2013In State v. Franklin, 11-216 (La.App. 5 Cir. 12/28/11) , 87 So.3d 860 , writ denied, 12-337 (La.9/12/12), 98 So.3d 811 , wherein the punishment for the offense required hard labor, the court determined that the error was harmless arid required no correction.

2013In State v. Franklin, 11-216 (La.App. 5 Cir. 12/28/11) , 87 So.3d 860 , writ denied, 12-337 (La.9/12/12), 98 So.3d 811 , wherein the punishment for the offense required hard labor, the court determined that the error was harmless arid required no correction.

12013–2013
State ex rel. Wetzel v. State green
la · 2012
1 sentence

2013In State v. Franklin, 11-216 (La.App. 5 Cir. 12/28/11) , 87 So.3d 860 , writ denied, 12-337 (La.9/12/12), 98 So.3d 811 , wherein the punishment for the offense required hard labor, the court determined that the error was harmless arid required no correction.

12013–2013
State v. Ennis neutral
lactapp · 2004
2 sentences

2011The decision rests on the sound discretion of the trial court and cannot be overturned absent an abuse of that discretion under State v. Ennis, 03-1491 (La.App. 3 Cir. 7/7/04) , 877 So.2d 300 .

2011The decision rests on the sound discretion of the trial court and cannot be overturned absent an abuse of that discretion under State v. Ennis, 03-1491 (La.App. 3 Cir. 7/7/04) , 877 So.2d 300 .

12011–2011
Keaty v. Raspanti green
lactapp · 2001
1 sentence

2008Mr. Horrell cites Keaty v. Raspanti, 00-0221 (La.App. 4 Cir.2/7/01), 781 So.2d 607 , wherein, this Court determined whether a claim for sanctions was time-barred.

12008–2008
State v. Ervin green
la · 2000
1 sentence

2001App. 5 Cir. 9/28/99), 746 So.2d 95, 103 , writ denied in State v. Patterson, 99-3217 (La.4/20/00), 760 So.2d 342 , this Court determined that defense counsels' objections of, "Please note my objection to the excessiveness of the sentences ...." and "Note my objection to the sentencing, Your Honor," were insufficient to satisfy the requirements of Article 881.1.

12001–2001
State v. Hester green
lactapp · 1999
1 sentence

2001App. 5 Cir. 9/28/99), 746 So.2d 95, 103 , writ denied in State v. Patterson, 99-3217 (La.4/20/00), 760 So.2d 342 , this Court determined that defense counsels' objections of, "Please note my objection to the excessiveness of the sentences ...." and "Note my objection to the sentencing, Your Honor," were insufficient to satisfy the requirements of Article 881.1.

12001–2001
Barnes v. Thames green
la · 1991
1 sentence

1998The trial judge had instructed the jury to disregard and not consider any reference to a settlement by counsel, and the court determined that the instruction "was a sufficient remedy to overcome any prejudicial effect on the jury." Id.

11998–1998
Watson v. State Farm Fire and Cas. Ins. Co. green
la · 1985
1 sentence

1996Co., 469 So.2d 967 (La.1985), the court determined the factors that should be considered when ascertaining comparative fault.

11996–1996
Segura v. Frank green
la · 1994
1 sentence

1994The court expressly noted that "[e]ven though a lower court has adjudicated a claim and rendered judgment, the claim continues to be pending until appeal of that judgment has been exhausted." Segura v. Frank, 630 So.2d at 727 .

11994–1994
Brown v. Louisiana green
scotus · 1980
2 sentences

1980In Brown v. Louisiana, 447 U.S. 323 , 100 S.Ct. 2214 , 65 L.Ed.2d 159 (1980), the Court determined that the rule of Burch was fundamental to the integrity of the fact-finding process, and thus required retroactive application, at least to cases still pending on direct review.

1980In Brown v. Louisiana, 447 U.S. 323 , 100 S.Ct. 2214 , 65 L.Ed.2d 159 (1980), the Court determined that the rule of Burch was fundamental to the integrity of the fact-finding process, and thus required retroactive application, at least to cases still pending on direct review.

11980–1980
Fontenot v. Aetna Casualty & Surety Co. neutral
lactapp · 1964
1 sentence

1977The legal proposition espoused in Favalora, supra, was re-affirmed although distinguished in Fontenot v. Aetna Casualty & Surety Co., 166 So.2d 299 (La.App. 1st Cir. 1964) and in Slack v. Fleet, 242 So.2d 650 (La.App. 1st Cir. 1970).

11977–1977
Slack v. Fleet green
lactapp · 1970
1 sentence

1977The legal proposition espoused in Favalora, supra, was re-affirmed although distinguished in Fontenot v. Aetna Casualty & Surety Co., 166 So.2d 299 (La.App. 1st Cir. 1964) and in Slack v. Fleet, 242 So.2d 650 (La.App. 1st Cir. 1970).

11977–1977

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:529.1 (4)

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

IL 79 (1973–2026) TX 69 (1970–2025) CA 62 (1953–2025) PA 44 (1909–2024) FL 43 (1978–2025) WA 34 (1966–2025) OH 29 (1943–2025) NY 28 (1981–2023) NJ 25 (1980–2025) IN 25 (1945–2019) MD 23 (1994–2024) MS 23 (1994–2026) MI 21 (1981–2026) TN 19 (1993–2022) CT 16 (1986–2019) MO 15 (1990–2024) WI 14 (1974–2024) KS 13 (1934–2020) UT 13 (1984–2022) OR 12 (2007–2022) LA 12 (1977–2018) IA 12 (1988–2019) NM 10 (1998–2013) AZ 10 (1977–2025) AL 9 (1991–2024) NC 9 (1987–2020) NE 8 (1999–2023) GA 8 (1996–2024) OK 8 (1986–2016) WY 7 (1979–2021) MN 7 (1993–2016) MT 7 (1989–2021) ID 6 (1990–2015) CO 6 (1992–2001) HI 5 (2002–2012) RI 5 (1981–2020) VA 5 (2000–2013) KY 4 (2008–2019) SD 4 (1986–2004) DE 4 (1974–2025) SC 4 (1993–2021) MA 3 (2002–2010) WV 3 (1979–2018) NV 3 (1982–2016) ND 2 (1965–2025) AR 2 (2001–2004) DC 2 (1982–1985) AK 2 (1980–1985)

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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