functional analysis in Louisiana

2009Thus, as we recognized in Beavers v. Haubert, ... [ 198 U.S. 77 , 25 S.Ct. 573 , 49 L.Ed. 950 (1905)], any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case: “The right of a speedy trial is necessarily relative.

2009Thus, as we recognized in Beavers v. Haubert, ... [ 198 U.S. 77 , 25 S.Ct. 573 , 49 L.Ed. 950 (1905)], any inquiry into a speedy trial claim necessitates a functional analysis of the right in the particular context of the case: “The right of a speedy trial is necessarily relative.

1998The court noted that the right to counsel may attach even before initiation of adverse judicial criminal proceedings and cited State v. Thomas, 406 So.2d 1325 (La.1981).

1995The court noted that the right to counsel may attach even before initiation of adverse judicial criminal proceedings and cited State v. Thomas, 406 So.2d 1325 (La.1981).

1998The court adopted the "critical stages" test set forth in United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), in which a functional analysis was used to analyze whether potential substantial prejudice interfered with the defendant's rights and the ability of counsel to help avoid that prejudice.

1998The court adopted the "critical stages" test set forth in United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), in which a functional analysis was used to analyze whether potential substantial prejudice interfered with the defendant's rights and the ability of counsel to help avoid that prejudice.

2011The court stated that “it makes no difference whether income derives from the main business, the occasional business or the subordinate business so long as the income arises in the regular course of business.” Id. at 994 .

1996For instance, in Buckley v. Fitzsimmons, 509 U.S. 259 , 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), the United States Supreme Court held that while the actions of a prosecutor that are intimately associated with the judicial phase of the criminal process and which occur in the course of a prosecutor's role as an advocate for the state are entitled to absolute immunity, where prosecutors act in an investigatory, administrative, ministerial or other role that has no functional tie to the judicial process, only a qualified immunity is afforded. [15] We agree that a functional analysis of the role a

1996For instance, in Buckley v. Fitzsimmons, 509 U.S. 259 , 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), the United States Supreme Court held that while the actions of a prosecutor that are intimately associated with the judicial phase of the criminal process and which occur in the course of a prosecutor's role as an advocate for the state are entitled to absolute immunity, where prosecutors act in an investigatory, administrative, ministerial or other role that has no functional tie to the judicial process, only a qualified immunity is afforded. [15] We agree that a functional analysis of the role a

1994In Roberts v. Sewerage and Water Board of New Orleans, 92-2048 (La. 3/21/94); 634 So.2d 341 , the Supreme Court of Louisiana established a functional analysis for the determination of an entity's juridical status.

1991In further arguing that a functional analysis is mandated, Ms. Johnson cites Scruggs v. Moellering, 870 F.2d 376 (7th Cir.), cert. denied ___ U.S. ___, 110 S.Ct. 371 , 107 L.Ed.2d 357 (1989), a case decided subsequent to Forrester .

1991Barker v. Wingo, supra; State v. Foat, supra. The principles to be considered in an analysis of the speedy trial right were quoted by this court in State v. Foat, supra at 1149: In the first place, "[t]he amorphous quality of the right ... leads to the unsatisfactorily severe remedy of dismissal of the indictment when the right has been deprived.

1991Barker v. Wingo, supra; State v. Foat, supra. The principles to be considered in an analysis of the speedy trial right were quoted by this court in State v. Foat, supra at 1149: In the first place, "[t]he amorphous quality of the right ... leads to the unsatisfactorily severe remedy of dismissal of the indictment when the right has been deprived.

1991In further arguing that a functional analysis is mandated, Ms. Johnson cites Scruggs v. Moellering, 870 F.2d 376 (7th Cir.), cert. denied ___ U.S. ___, 110 S.Ct. 371 , 107 L.Ed.2d 357 (1989), a case decided subsequent to Forrester .

1983Barker, 407 U.S. 514, 522 , 92 S.Ct. 2182, 2188 , 33 L.Ed.2d 101 .

1983Barker, 407 U.S. 514, 522 , 92 S.Ct. 2182, 2188 , 33 L.Ed.2d 101 .