ascertainable standard in Louisiana

11 Louisiana opinions name it 3 courts 1972–1994 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 (7)

Case	Followed	Cited
Giaccio v. Pennsylvaniagreen scotus · 1965 · cited in 7 Louisiana opinions naming this issue, 1979–1991 2 sentences 1991The state and federal constitutions "require that a criminal enactment contain an ascertainable standard of guilt that is not so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each case." State v. Liuzza, 457 So.2d 664, 665 (La.1984), quoting from Giaccio v. Pennsylvania, 382 U.S. 399 at 403 , 86 S.Ct. 518 at 520-21 , 15 L.Ed.2d 447 (1966) (the term "substantial", as used in the pandering statute to proscribe receiving a certain amoun 1991The state and federal constitutions "require that a criminal enactment contain an ascertainable standard of guilt that is not so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each case." State v. Liuzza, 457 So.2d 664, 665 (La.1984), quoting from Giaccio v. Pennsylvania, 382 U.S. 399 at 403 , 86 S.Ct. 518 at 520-21 , 15 L.Ed.2d 447 (1966) (the term "substantial", as used in the pandering statute to proscribe receiving a certain amoun	5	7
City of Baton Rouge v. Normangreen la · 1974 · cited in 4 Louisiana opinions naming this issue, 1979–1981 2 sentences 1981(Citations omitted) ‘Both the constitutional guarantees of procedural due process and the right to a fair trial embodied in Article 1, § 16 of the Louisiana Constitution also require that a criminal enactment contain an ascertainable standard of guilt and that it “mark[s] boundaries sufficiently distinct for judges and juries to administer the law in accordance with the legislative will.” City of Baton Rouge v. Norman, 290 So.2d 865, 868 (La., 1974). 1980"Both the constitutional guarantees of procedural due process and the right to a fair trial embodied in Article 1, § 16 of the Louisiana Constitution also require that a criminal enactment contain an ascertainable standard of guilt and that it `mark(s) boundaries sufficiently distinct for judges and juries to administer the law in accordance with the legislative will.' City of Baton Rouge v. Norman, 290 So.2d 865, 868 , (La.1974).	3	4
State v. Liuzzagreen la · 1984 · cited in 2 Louisiana opinions naming this issue, 1988–1991 2 sentences 1991The state and federal constitutions "require that a criminal enactment contain an ascertainable standard of guilt that is not so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each case." State v. Liuzza, 457 So.2d 664, 665 (La.1984), quoting from Giaccio v. Pennsylvania, 382 U.S. 399 at 403 , 86 S.Ct. 518 at 520-21 , 15 L.Ed.2d 447 (1966) (the term "substantial", as used in the pandering statute to proscribe receiving a certain amoun 1991The guarantee of procedural due process... requires that a criminal enactment contain an ascertainable standard of guilt that is not "so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case." State v. Liuzza, 457 So.2d 664, 665 (La. 1984) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 403 , 86 S.Ct. 518, 520-21 , 15 *1153 L.Ed.2d 447 (1966)).	2	2
State v. Farrisgreen la · 1982 · cited in 2 Louisiana opinions naming this issue, 1984–1991 2 sentences 1991"A statute must `give individuals adequate notice of the conduct prohibited by law.'" Liuzza, supra, at 665-66 (quoting State v. Farris, 412 So.2d 1039, 1040 (La.1982)). 1984A statute must "... give individuals adequate notice of the conduct *666 prohibited by law." State v. Farris, 412 So.2d 1039 (La.,1982).	1	2
State v. Cloudgreen la · 1965 · cited in 2 Louisiana opinions naming this issue, 1973–1980 2 sentences 1980The United States Supreme Court has held that `[a] law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it ... leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.' Giacco v. Pennsylvania, 382 U.S. 399, 403 , [ 86 S.Ct. 518, 521 , 15 L.Ed.2d 447 .] "The constitutional requirement of definiteness is satisfied when the language of a criminal enactment `has a generally accepted meaning such that a person of ordinary intelligence would be given fair notice of what co 1980The United States Supreme Court has held that `[a] law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it ... leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.' Giacco v. Pennsylvania, 382 U.S. 399, 403 , [ 86 S.Ct. 518, 521 , 15 L.Ed.2d 447 .] "The constitutional requirement of definiteness is satisfied when the language of a criminal enactment `has a generally accepted meaning such that a person of ordinary intelligence would be given fair notice of what co	1	2
State v. Union Tank Car Co.green la · 1983 · cited in 1 Louisiana opinions naming this issue, 1991–1991 1 sentence 1991In order to decide whether a statute uses terms which adequately "mark the boundaries" between criminal and non-criminal conduct, a court must determine whether the statutory terms have such a clear meaning that "men of common intelligence" will not "necessarily guess at their meaning and differ as to their application." State v. Union Tank Car, Inc., 439 So.2d 377, 385 (La.1983).	1	1
State v. Defrancesgreen la · 1977 · cited in 1 Louisiana opinions naming this issue, 1980–1980 1 sentence 1980The United States Supreme Court has held that `[a] law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it ... leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.' Giacco v. Pennsylvania, 382 U.S. 399, 403 , [ 86 S.Ct. 518, 521 , 15 L.Ed.2d 447 .] "The constitutional requirement of definiteness is satisfied when the language of a criminal enactment `has a generally accepted meaning such that a person of ordinary intelligence would be given fair notice of what co	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Emery v. City of New Orleans Through Rochon neutral lactapp · 1985 1 sentence 1994In Emery v. City of New Orleans, 473 So.2d 877 (La.App. 1985) the court deferred to the municipality's broad discretion in determining whether the applicant met the standard.	1	1994–1994
State v. Baker green la · 1978 1 sentence 1981Constitutional Law, Sec. 580, State v. Baker, 359 So.2d 110 (1978).	1	1981–1981
State v. Dousay green la · 1979 1 sentence 1980The United States Supreme Court has held that `[a] law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it ... leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.' Giacco v. Pennsylvania, 382 U.S. 399, 403 , [ 86 S.Ct. 518, 521 , 15 L.Ed.2d 447 .] "The constitutional requirement of definiteness is satisfied when the language of a criminal enactment `has a generally accepted meaning such that a person of ordinary intelligence would be given fair notice of what co	1	1980–1980
Gooding v. Wilson green scotus · 1972 2 sentences 1972Having thoroughly considered this cause in the light of Gooding v. Wilson, 405 U.S. 518 , 92 S.Ct. 1103 , 31 L.Ed.2d 408 (1972), we now hold that Section 49-7, 828 M.C.S., New Orleans, Louisiana, is constitutional. 1972Having thoroughly considered this cause in the light of Gooding v. Wilson, 405 U.S. 518 , 92 S.Ct. 1103 , 31 L.Ed.2d 408 (1972), we now hold that Section 49-7, 828 M.C.S., New Orleans, Louisiana, is constitutional.	1	1972–1972
Coates v. City of Cincinnati green scotus · 1971 2 sentences 1972We conclude that Section 49-7 is not vague; it is constitutional and meets the test of Coates v. City of Cincinnati, 402 U.S. 611 , 91 S.Ct. 1686 , 29 L.Ed.2d 214 (1971), an ascertainable standard. 1972We conclude that Section 49-7 is not vague; it is constitutional and meets the test of Coates v. City of Cincinnati, 402 U.S. 611 , 91 S.Ct. 1686 , 29 L.Ed.2d 214 (1971), an ascertainable standard.	1	1972–1972

Where else courts name it

CA 31 (1953–2020) PA 18 (1978–2026) MO 11 (1954–2019) LA 11 (1972–1994) FL 8 (1924–1997) OH 8 (1972–2019) MA 7 (1977–2023) WA 5 (1989–2020) NE 5 (1947–1988) IN 4 (1981–2019) AL 4 (1922–1981) NH 4 (1973–2023) TX 4 (1972–2000) MN 4 (1989–1997) MD 4 (1955–1972) MI 3 (1969–1974) ND 3 (1977–1992) OR 3 (2011–2023) AZ 3 (1987–2002) WI 3 (1978–2006) VI 2 (1974–1974) NY 2 (1975–2008) SC 2 (1986–2021) ME 2 (1975–2002)

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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