82 Louisiana opinions name it 2 courts 1977–2023 3 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 |
|---|---|---|
Schmerber v. Californiagreen2 sentences1998See Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966). 1998See Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966). | 3 | 3 |
United States v. Ralph Marreragreen2 sentences2000However, federal jurisprudence has also held that "where a defendant puts a trial judge on notice of the alleged conflict before or during trial and the trial court fails to *57 inquire into the conflict, a reviewing court will presume prejudice upon a showing of possible prejudice." United States v. Marrera, 768 F.2d 201, 205 (7th Cir.1985), cert. denied, Marrera v. United States, 475 U.S. 1020 , 106 S.Ct. 1209 , 89 L.Ed.2d 321 (1986), citing Holloway, supra, and Cuyler, supra. Thus, "[t]o decide whether to apply the Holloway test and afford defendant a per se presumption of prejudice or to a 2000However, federal jurisprudence has also held that "where a defendant puts a trial judge on notice of the alleged conflict before or during trial and the trial court fails to *57 inquire into the conflict, a reviewing court will presume prejudice upon a showing of possible prejudice." United States v. Marrera, 768 F.2d 201, 205 (7th Cir.1985), cert. denied, Marrera v. United States, 475 U.S. 1020 , 106 S.Ct. 1209 , 89 L.Ed.2d 321 (1986), citing Holloway, supra, and Cuyler, supra. Thus, "[t]o decide whether to apply the Holloway test and afford defendant a per se presumption of prejudice or to a | 2 | 3 |
State v. Hoffmangreen2 sentences2018In State v. Hoffman , 98-3118, pp. 50-51 (La. 4/11/00), 768 So.2d 542 , 586-87 (footnote omitted), the Supreme Court set forth the general rule on recordation of bench conferences: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. 2013Regarding unrecorded bench conferences, the supreme court has explained: This Court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.C.Cr.P. art. 843, which requires in felony cases the recording not only of the evidentiary portions of trial but also of “the examination of prospective jurors ... and objections, questions, statements, and arguments of counsel.” State v. Hoffman, 98-3118, p. 50 (La.4/11/00), 768 So.2d 542, 586 . | 1 | 18 |
State v. Ballardgreen2 sentences2015In State v. Ballard, supra, this court overruled State v. Simmons, 390 So.2d 1317 (La.1980), to the extent that it held that police officers actively engaged in law enforcement are incompetent criminal jurors. 2012See State v. Ballard, 98-2198 (La.10/19/99), 747 So.2d 1077, 1079 , overruling State v. Simmons, 390 So.2d 1317 (La.1980). | 1 | 2 |
State v. Simmonsgreen2 sentences2015In State v. Ballard, supra, this court overruled State v. Simmons, 390 So.2d 1317 (La.1980), to the extent that it held that police officers actively engaged in law enforcement are incompetent criminal jurors. 2012See State v. Ballard, 98-2198 (La.10/19/99), 747 So.2d 1077, 1079 , overruling State v. Simmons, 390 So.2d 1317 (La.1980). | 1 | 2 |
Ex Parte Tuckergreen1 sentence2023See Ex parte Tucker, 454 So. 2d 552, 553 ( Ala. 1984) ( the trial court committed reversible error by denying defendant' s challenge for cause where it was discovered that the potential juror was the brother of a state witness) see also State v. Gesch, 167 Wis.2d 660, 662 , 482 N.W.2d 99 , 101- 103 ( 1992) ( the Wisconsin Supreme Court agreed that a prospective juror whose brother was the State of Wisconsin' s only police witness should have been removed for cause). | 1 | 1 |
State v. Geschgreen2 sentences2023See Ex parte Tucker, 454 So. 2d 552, 553 ( Ala. 1984) ( the trial court committed reversible error by denying defendant' s challenge for cause where it was discovered that the potential juror was the brother of a state witness) see also State v. Gesch, 167 Wis.2d 660, 662 , 482 N.W.2d 99 , 101- 103 ( 1992) ( the Wisconsin Supreme Court agreed that a prospective juror whose brother was the State of Wisconsin' s only police witness should have been removed for cause). 2023See Ex parte Tucker, 454 So. 2d 552, 553 ( Ala. 1984) ( the trial court committed reversible error by denying defendant' s challenge for cause where it was discovered that the potential juror was the brother of a state witness) see also State v. Gesch, 167 Wis.2d 660, 662 , 482 N.W.2d 99 , 101- 103 ( 1992) ( the Wisconsin Supreme Court agreed that a prospective juror whose brother was the State of Wisconsin' s only police witness should have been removed for cause). | 1 | 1 |
Bush v. Straingreen1 sentence2022Heck does not operate as a per se bar on excessive force claims; rather, it involves an “analytical and fact-intensive” analysis as to whether “the factual basis for the conviction is temporally and conceptually distinct from the excessive force claim.” Bush v. Strain, 513 F.3d 492, 498 (5th Cir. 2008). | 1 | 1 |
cluster 785703green2 sentences2020Craftsmen Limousine, Inc. v. Ford Motor Co., 363 F. 3d 761, 772 ( 8th Cir. 2004). 2020Instead, where a restraint is deemed per se unreasonable, a conclusive presumption of illegality applies." Craftsmen Limousine, Inc., 363 F. 3d at 773 . | 1 | 1 |
State v. Bellgreen1 sentence2017Under this new rule, any reference—whether by the court or in argument from 1 See State v. Jackson, 450 So.2d 621 , 633–34 (La. 1984); State v. Williams, 420 So.2d 1116, 1122 (La. 1982); State v. Dawson, 392 So.2d 445 , 447–48 (La. 1980) (rejecting as meritless the argument that the trial court erred when it instructed jury as to the “irrelevant” penalties for responsive verdicts, in addition to the mandatory sentence for the charged offense, because the “charge to the jury concerning the penalties for the responsive verdicts was within the trial court’s discretion.”); State v. Bell, 377 So.2d | 1 | 1 |
State v. Williamsgreen1 sentence2017Under this new rule, any reference—whether by the court or in argument from 1 See State v. Jackson, 450 So.2d 621 , 633–34 (La. 1984); State v. Williams, 420 So.2d 1116, 1122 (La. 1982); State v. Dawson, 392 So.2d 445 , 447–48 (La. 1980) (rejecting as meritless the argument that the trial court erred when it instructed jury as to the “irrelevant” penalties for responsive verdicts, in addition to the mandatory sentence for the charged offense, because the “charge to the jury concerning the penalties for the responsive verdicts was within the trial court’s discretion.”); State v. Bell, 377 So.2d | 1 | 1 |
State v. Blackwellgreen1 sentence2017Under this new rule, any reference—whether by the court or in argument from 1 See State v. Jackson, 450 So.2d 621 , 633–34 (La. 1984); State v. Williams, 420 So.2d 1116, 1122 (La. 1982); State v. Dawson, 392 So.2d 445 , 447–48 (La. 1980) (rejecting as meritless the argument that the trial court erred when it instructed jury as to the “irrelevant” penalties for responsive verdicts, in addition to the mandatory sentence for the charged offense, because the “charge to the jury concerning the penalties for the responsive verdicts was within the trial court’s discretion.”); State v. Bell, 377 So.2d | 1 | 1 |
| State v. Berrygreen | 1 | 1 |
| State v. Taylorgreen | 1 | 1 |
| State v. Burkhaltergreen | 1 | 1 |
| register.com, Inc. v. Verio, Inc.green | 1 | 1 |
State v. Legrandgreen2 sentences2016In furtherance of his ethical obligations, before the defendant testified in the guilt phase of the trial, Mr. English stated on the record that he had advised the defendant not to testify and had warned him about perjury and its criminal consequences. 42 assistance, under Strickland, was presented on appeal); State v. Holmes, 06 -2988, p. 1 n.2 (La. 12/2/08), 5 So.3d 42, 48 , cert denied, 558 U.S. 932 , 130 S.Ct. 70 , 175 L.Ed.2d 233 (2009) (unpublished appendix) (noting defense counsel conceded the defendant was guilty of second degree murder, but that the jury found the State proved guilt o 2016State v. Tucker, 13-1631, pp. 36-41 (La. 9/1/15), 181 So.3d 590, 618-21 , cert. denied, — U.S. -, 136 S.Ct. 1801 , 195 L.Ed.2d 774 (2016) (wherein the capital defendant did not acquiesce in counsel’s decision to admit guilt of second degree murder and feticide in the guilt phase closing argument and, on direct appeal, this court found that the defendant failed to demonstrate a per se violation of the Sixth Amendment resulting from a conflict of interest, noting that “counsel’s obligation to provide effective assistance ‘is limited to legitimate, lawful conduct compatible with the very nature o | 1 | 1 |
| State v. Mylesgreen | 1 | 1 |
| PPG Industries, Inc. v. Bean Dredginggreen | 1 | 1 |
| Perry v. New Hampshiregreen | 1 | 1 |
| State v. Danielgreen | 1 | 1 |
| United States v. International Business MacHines Corp.green | 1 | 1 |
| The Louisiana Land and Exploration Company v. Pilot Petroleum Corporationgreen | 1 | 1 |
| Virginia Indonesia Co. v. Harris County Appraisal Districtgreen | 1 | 1 |
| State Oil Co. v. Khanred | 1 | 1 |
| Pace Electronics, Inc. v. Canon Computer Systems, Inc. And Laguna Corporationgreen | 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. Deruise
green
2 sentences2019The Louisiana Supreme Court noted in State v. Deruise , 1998-0541, p. 14-15 (La. 4/3/01), 802 So.2d 1224 , 1236, as follows: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.C.Cr. 2019The Louisiana Supreme Court noted in State v. Deruise , 1998-0541, p. 14-15 (La. 4/3/01), 802 So.2d 1224 , 1236, as follows: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.C.Cr. | 4 | 2003–2019 |
State v. Hoffman
green
2 sentences2009In State v. Hoffman, 98-3118, p. 50 (La. 4/11/00), 768 So.2d 542, 586 , opinion supplemented, 00-1609 (La. 6/14/00), 768 So.2d 592 , cert. denied, 531 U.S. 946 , 121 S.Ct. 345 (2000) (footnote omitted), the supreme court stated: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. 2007State v. Hoffman, 98-3118 (La.4/11/00), 768 So.2d 542, 00-1609 (La.6/14/00), 768 So.2d 592 , U.S. cert. denied, held: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La. | 4 | 2007–2016 |
Celestine v. Union Oil Co. of California
green
2 sentences2019Although there is not a per se rule holding that a repairman may never recover while he is repairing the thing he has been hired to remove, see Celestine v. Union Oil Co. of California , 94-1868 (La. 4/10/95), 652 So.2d 1299 , the individual circumstances 6 of the present case do not establish that the tank being dismantled presented an unreasonable risk of harm. 2019Although there is not a per se rule holding that a repairman may never recover while he is repairing the thing he has been hired to remove, see Celestine v. Union Oil Co. of California , 94-1868 (La. 4/10/95), 652 So.2d 1299 , the individual circumstances 6 of the present case do not establish that the tank being dismantled presented an unreasonable risk of harm. | 3 | 2013–2019 |
State v. Duncan
green
2 sentences2018This Court held, "there is not a per se rule that a certain number or percentage of the challenged jurors must be black in order for the court to conclude a prima facie case has been made out." 99-2615 at p. 22, 802 So.2d at 549 -50 . 2018The Supreme Court held, "there is not a per se rule that a certain number or percentage of the challenged jurors must be black in order for the court to conclude a prima facie case has been made out." Id. , 99-2615, p. 22, 802 So.2d at 549 -50 . | 3 | 2011–2018 |
Richardson v. Stalder
green
2 sentences2009In State v. Hoffman, 98-3118, p. 50 (La. 4/11/00), 768 So.2d 542, 586 , opinion supplemented, 00-1609 (La. 6/14/00), 768 So.2d 592 , cert. denied, 531 U.S. 946 , 121 S.Ct. 345 (2000) (footnote omitted), the supreme court stated: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. 2008In State v. Hoffman, 98-3118 (La.4/11/00), 768 So.2d 542, 586-87 , _|_6,cert. denied, 531 U.S. 946 , 121 S.Ct. 345 , 148 L.Ed.2d 277 (2000), the Louisiana Supreme Court stated the following: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. | 3 | 2008–2016 |
Segars v. Folsom
green
2 sentences2009In State v. Hoffman, 98-3118, p. 50 (La. 4/11/00), 768 So.2d 542, 586 , opinion supplemented, 00-1609 (La. 6/14/00), 768 So.2d 592 , cert. denied, 531 U.S. 946 , 121 S.Ct. 345 (2000) (footnote omitted), the supreme court stated: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. 2008In State v. Hoffman, 98-3118 (La.4/11/00), 768 So.2d 542, 586-87 , _|_6,cert. denied, 531 U.S. 946 , 121 S.Ct. 345 , 148 L.Ed.2d 277 (2000), the Louisiana Supreme Court stated the following: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. | 3 | 2008–2016 |
Harris v. Superior Court of California
green
2 sentences2016State v. Hoffman, 98- 3118, p. 40 (La. 4/11/00), 768 So.2d 542, 579 , supplemented, 00-1609 (La. 6/14/00), 768 So.2d 592 (per curiam), cert. denied, 531 U.S. 946 , 121 S.Ct. 345 , 148 L.Ed.2d 277 (2000); State v. Myles, 389 So.2d 12, 31 (La. 1979). 2008In State v. Hoffman, 98-3118 (La.4/11/00), 768 So.2d 542, 586-87 , _|_6,cert. denied, 531 U.S. 946 , 121 S.Ct. 345 , 148 L.Ed.2d 277 (2000), the Louisiana Supreme Court stated the following: This court has never articulated a per se rule either requiring the recording of bench conferences or exempting them from the scope of La.Code Crim. | 2 | 2008–2016 |
State v. Carter
green
2 sentences2008Carter , 94-2859 at 22, 664 So.2d at 383 . . 1998The supreme court in Carter noted that "[s]ome affirmative assertion of the right to counsel is necessary in order to give rise to the per se presumption in Michigan v. Jackson that a waiver, later made in response to police-initiated interrogation, could not possibly have been voluntary because of the earlier assertion of the right to counsel." Carter, 664 So.2d at 383 . | 2 | 1998–2008 |
Michigan v. Jackson
red
2 sentences2008The court recognized that some affirmative assertion of the right to counsel was necessary in order to give rise to the per se presumption in Michigan v. Jackson, 475 U.S. 625 , 106 S.Ct. 1404 , 89 L.Ed.2d 631 (1986) that a waiver, later made in response to police-initiated interrogation, could not possibly have been voluntary because of the earlier assertion of the right to counsel. 2008The court recognized that some affirmative assertion of the right to counsel was necessary in order to give rise to the per se presumption in Michigan v. Jackson, 475 U.S. 625 , 106 S.Ct. 1404 , 89 L.Ed.2d 631 (1986) that a waiver, later made in response to police-initiated interrogation, could not possibly have been voluntary because of the earlier assertion of the right to counsel. | 2 | 1995–2008 |
Chapman v. California
red
2 sentences2002C.Cr.Pro. art. 770 and the per se rule that such a violation was a prejudicial and substantial denial of the defendant’s statutory rights and held that the error should be reviewed within the framework of the federal test for harmless error announced in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). 2002C.Cr.Pro. art. 770 and the per se rule that such a violation was a prejudicial and substantial denial of the defendant’s statutory rights and held that the error should be reviewed within the framework of the federal test for harmless error announced in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). | 2 | 1991–2002 |
State v. Johnson
green
2 sentences1996However, while this appeal was pending, our Supreme Court handed down the opinion in State v. Johnson, 94-1379 (La. 11/27/95), 664 So.2d 94 , in which the per se rule was rejected as inconsistently applied. 1996However, while this appeal was pending, our Supreme Court handed down the opinion in State v. Johnson, 94-1379 (La.11/27/95), 664 So.2d 94 , in which the per se rule was rejected as inconsistently Isapplied. | 2 | 1996–1996 |
Childress v. Johnson
green
1 sentence2021The Cockrell court further noted that bad lawyering, regardless of how bad, does not support the per se presumption of prejudice. 5 Citing Childress v. Johnson, 103 F.3d 1221 (5th Cir. 1997). 25 A defendant who pleads guilty and then claims he received ineffective assistance of counsel must first show that counsel’s advice to plead guilty was not within the wide range of competence demanded of attorneys in criminal cases. | 1 | 2021–2021 |
United States v. Edward Theodore Moore
green
1 sentence2018The Supreme Court held, "there is not a per se rule that a certain number or percentage of the challenged jurors must be black in order for the court to conclude a prima facie case has been made out." Id. , 99-2615, p. 22, 802 So.2d at 549 -50 . | 1 | 2018–2018 |
State v. Jackson
green
1 sentence2017Under this new rule, any reference—whether by the court or in argument from 1 See State v. Jackson, 450 So.2d 621 , 633–34 (La. 1984); State v. Williams, 420 So.2d 1116, 1122 (La. 1982); State v. Dawson, 392 So.2d 445 , 447–48 (La. 1980) (rejecting as meritless the argument that the trial court erred when it instructed jury as to the “irrelevant” penalties for responsive verdicts, in addition to the mandatory sentence for the charged offense, because the “charge to the jury concerning the penalties for the responsive verdicts was within the trial court’s discretion.”); State v. Bell, 377 So.2d | 1 | 2017–2017 |
State v. Dawson
green
1 sentence2017Under this new rule, any reference—whether by the court or in argument from 1 See State v. Jackson, 450 So.2d 621 , 633–34 (La. 1984); State v. Williams, 420 So.2d 1116, 1122 (La. 1982); State v. Dawson, 392 So.2d 445 , 447–48 (La. 1980) (rejecting as meritless the argument that the trial court erred when it instructed jury as to the “irrelevant” penalties for responsive verdicts, in addition to the mandatory sentence for the charged offense, because the “charge to the jury concerning the penalties for the responsive verdicts was within the trial court’s discretion.”); State v. Bell, 377 So.2d | 1 | 2017–2017 |
| Kliner v. Illinois green | 1 | 2016–2016 |
Frost v. Louisiana
green
2 sentences2016In furtherance of his ethical obligations, before the defendant testified in the guilt phase of the trial, Mr. English stated on the record that he had advised the defendant not to testify and had warned him about perjury and its criminal consequences. 42 assistance, under Strickland, was presented on appeal); State v. Holmes, 06 -2988, p. 1 n.2 (La. 12/2/08), 5 So.3d 42, 48 , cert denied, 558 U.S. 932 , 130 S.Ct. 70 , 175 L.Ed.2d 233 (2009) (unpublished appendix) (noting defense counsel conceded the defendant was guilty of second degree murder, but that the jury found the State proved guilt o 2016State v. Tucker, 13-1631, pp. 36-41 (La. 9/1/15), 181 So.3d 590, 618-21 , cert. denied, — U.S. -, 136 S.Ct. 1801 , 195 L.Ed.2d 774 (2016) (wherein the capital defendant did not acquiesce in counsel’s decision to admit guilt of second degree murder and feticide in the guilt phase closing argument and, on direct appeal, this court found that the defendant failed to demonstrate a per se violation of the Sixth Amendment resulting from a conflict of interest, noting that “counsel’s obligation to provide effective assistance ‘is limited to legitimate, lawful conduct compatible with the very nature o | 1 | 2016–2016 |
Rodgers v. Tobin
green
2 sentences2016In furtherance of his ethical obligations, before the defendant testified in the guilt phase of the trial, Mr. English stated on the record that he had advised the defendant not to testify and had warned him about perjury and its criminal consequences. 42 assistance, under Strickland, was presented on appeal); State v. Holmes, 06 -2988, p. 1 n.2 (La. 12/2/08), 5 So.3d 42, 48 , cert denied, 558 U.S. 932 , 130 S.Ct. 70 , 175 L.Ed.2d 233 (2009) (unpublished appendix) (noting defense counsel conceded the defendant was guilty of second degree murder, but that the jury found the State proved guilt o 2016State v. Tucker, 13-1631, pp. 36-41 (La. 9/1/15), 181 So.3d 590, 618-21 , cert. denied, — U.S. -, 136 S.Ct. 1801 , 195 L.Ed.2d 774 (2016) (wherein the capital defendant did not acquiesce in counsel’s decision to admit guilt of second degree murder and feticide in the guilt phase closing argument and, on direct appeal, this court found that the defendant failed to demonstrate a per se violation of the Sixth Amendment resulting from a conflict of interest, noting that “counsel’s obligation to provide effective assistance ‘is limited to legitimate, lawful conduct compatible with the very nature o | 1 | 2016–2016 |
| State v. Holmes green | 1 | 2016–2016 |
| State v. Frost green | 1 | 2016–2016 |
| State of Louisiana v. Lamondre Tucker green | 1 | 2016–2016 |
| Tucker v. Louisiana procedural | 1 | 2016–2016 |
| Cubist Pharm., Inc. v. Hospira, Inc. procedural | 1 | 2016–2016 |
| Thompson Tree & Spraying Service, Inc. v. WHITE-SPUNNER CONSTRUCTION, INC. green | 1 | 2013–2013 |
| Thompson Tree & Spraying Service, Inc. v. White-Spunner Construction, Inc. green | 1 | 2013–2013 |
| State v. Hamilton green | 1 | 2012–2012 |
| State v. Duke green | 1 | 2012–2012 |
| State v. Tassin green | 1 | 2012–2012 |
| State v. Connor green | 1 | 2012–2012 |
| State v. Neslo green | 1 | 2012–2012 |
| Martinez-Villareal v. Arizona green | 1 | 2012–2012 |
| Martinez-Villareal v. Arizona green | 1 | 2012–2012 |
| United States v. Robert Lambert green | 1 | 2011–2011 |
| United States v. Sokolow green | 1 | 2011–2011 |
| Illinois v. Wardlow green | 1 | 2011–2011 |
| Terry v. Ohio green | 1 | 2011–2011 |
| United States v. Carl O. Jordan green | 1 | 2011–2011 |
| Versai Management Corp. v. Clarendon America Insurance green | 1 | 2010–2010 |
| Blakely v. Washington green | 1 | 2009–2009 |
| State v. McGloster green | 1 | 2009–2009 |
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.