11 Louisiana opinions name it 2 courts 1842–2019 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.
| Case | Followed | Cited |
|---|---|---|
State v. Williamsgreen2 sentences2019Specifically, in State v. Williams, 2011-1231 (La.App. 4 Cir. 5/23/12) , 95 So.3d 554 , there was evidence, though no definitive proof, that the defendant, at the time he was supposed to be in Orleans Parish Criminal District Court for a bond hearing on May 5, 2005, may have been incarcerated in Jefferson Parish. 2019Specifically, in State v. Williams, 2011-1231 (La.App. 4 Cir. 5/23/12) , 95 So.3d 554 , there was evidence, though no definitive proof, that the defendant, at the time he was supposed to be in Orleans Parish Criminal District Court for a bond hearing on May 5, 2005, may have been incarcerated in Jefferson Parish. | 1 | 2 |
State v. Evansgreen1 sentence2014Thus, the failure of Defendant to appear for the proceeding on June 23, 2006 subsequent to receiving notice of the scheduled hearing in open court interrupted the two-year period to bring Defendant to trial. 6 See also, State v. Williams, 2011-1231, p. 5 (La.App. 4 Cir. 5/23/12), 95 So.3d 554, 557 (holding that a subpoena was not required to be served on a defendant to provide actual notice of bond hearing date, for purposes of determining whether defendant’s failure to appear at that hearing interrupted running of statutory period, as defendant and his counsel received notice at arraignment o | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Andresyellow1 sentence2014Thus, the failure of Defendant to appear for the proceeding on June 23, 2006 subsequent to receiving notice of the scheduled hearing in open court interrupted the two-year period to bring Defendant to trial. 6 See also, State v. Williams, 2011-1231, p. 5 (La.App. 4 Cir. 5/23/12), 95 So.3d 554, 557 (holding that a subpoena was not required to be served on a defendant to provide actual notice of bond hearing date, for purposes of determining whether defendant’s failure to appear at that hearing interrupted running of statutory period, as defendant and his counsel received notice at arraignment o | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
United States v. Kras
green
2 sentences1981As stated in Boddie, supra [ 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed. 113 ] and as held in United States v. Kras, 409 U.S. 434 , 93 S.Ct. 631 , 34 L.Ed.2d 626 (1973), the constitution does not demand access to the courts for all individuals in all circumstances, nor does the constitution require that all litigation be classified the same with equal cash and bond requirements. 1981As stated in Boddie, supra [ 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed. 113 ] and as held in United States v. Kras, 409 U.S. 434 , 93 S.Ct. 631 , 34 L.Ed.2d 626 (1973), the constitution does not demand access to the courts for all individuals in all circumstances, nor does the constitution require that all litigation be classified the same with equal cash and bond requirements. | 2 | 1974–1981 |
State v. McQuirter
green
2 sentences2019This Court nevertheless found prescription to be interrupted on May 5, 2005, the date the defendant failed to appear for a proceeding for which he received actual notice, as “the State had no affirmative duty to search for a defendant after he failed to appear at the May 5, 2005 bond hearing.” Id., 2011-1231, 8, 95 So.3d at 559 . 5 State v. McQuirter, 2012-0486 (La.App. 4 Cir. 1/23/13) , 108 So.3d 370 , presented facts similar to Williams. 2019This Court nevertheless found prescription to be interrupted on May 5, 2005, the date the defendant failed to appear for a proceeding for which he received actual notice, as “the State had no affirmative duty to search for a defendant after he failed to appear at the May 5, 2005 bond hearing.” Id., 2011-1231, 8, 95 So.3d at 559 . 5 State v. McQuirter, 2012-0486 (La.App. 4 Cir. 1/23/13) , 108 So.3d 370 , presented facts similar to Williams. | 1 | 2019–2019 |
Jackson v. Family Dollar Stores of La. Inc.
green
1 sentence2018Id. , at 371-72. | 1 | 2018–2018 |
MB Industries, LLC v. CNA Insurance Co.
green
1 sentence2017Yet, she failed to apply for pauper status and did nothing during the six weeks given for posting the bond, or during the thirty additional days that she received on her request for an extension, to improve her position. 2 Regarding the showing of necessity for posting bond, the supreme court in Carter agreed that it was “within the discretion of the trial judge to determine whether the showing required may be made by the allegations in the motion, supporting affidavits, the arguments of counsel at the hearing, introduction of evidence, or in any other manner which the trial judge deems approp | 1 | 2017–2017 |
State v. Sorden
green
1 sentence2012We also noted in State v. Sorden, 2009-1416, p. 14 (La.App. 4 Cir. 8/4/10), 45 So.3d 181 , 189 that “[h]ad [defendant] been adequately notified [of the arraignment], the prosecution’s reinstitution of the charge would have been timely, as the prosecution would not bear the burden of showing that it attempted to locate her, and the time limits [for commencing trial] would then have been interrupted until her reappearance.” Applying these principles to the instant matter, we find that the State met its burden of proving an interruption of the time limitation set forth in Article 578 based on def | 1 | 2012–2012 |
Hodges v. Hodges
green
1 sentence2003Hodges, 02-0489 at 8, 827 So.2d at 1275-1276 . | 1 | 2003–2003 |
White v. Crow
green
1 sentence1981As stated in Boddie, supra [ 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed. 113 ] and as held in United States v. Kras, 409 U.S. 434 , 93 S.Ct. 631 , 34 L.Ed.2d 626 (1973), the constitution does not demand access to the courts for all individuals in all circumstances, nor does the constitution require that all litigation be classified the same with equal cash and bond requirements. | 1 | 1981–1981 |
Boddie v. Connecticut
green
2 sentences1981As stated in Boddie, supra [ 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed. 113 ] and as held in United States v. Kras, 409 U.S. 434 , 93 S.Ct. 631 , 34 L.Ed.2d 626 (1973), the constitution does not demand access to the courts for all individuals in all circumstances, nor does the constitution require that all litigation be classified the same with equal cash and bond requirements. 1981As stated in Boddie, supra [ 401 U.S. 371 , 91 S.Ct. 780 , 28 L.Ed. 113 ] and as held in United States v. Kras, 409 U.S. 434 , 93 S.Ct. 631 , 34 L.Ed.2d 626 (1973), the constitution does not demand access to the courts for all individuals in all circumstances, nor does the constitution require that all litigation be classified the same with equal cash and bond requirements. | 1 | 1981–1981 |
Succession of Jones
green
2 sentences1965Succession of Jones, 189 La. 693 , 180 So. 489 ; Picou v. J. 1965Succession of Jones, 189 La. 693 , 180 So. 489 ; Picou v. J. | 1 | 1965–1965 |
State v. Cox
neutral
2 sentences1910This was directly held in the following case: State v. Cox, 114 La. 567 , 38 South. 456 . 1910This was directly held in the following case: State v. Cox, 114 La. 567 , 38 South. 456 . | 1 | 1910–1910 |
Pailhes v. Roux
green
1 sentence1842N. S. 324. 14 La. 82 . 17 Ib. 34. | 1 | 1842–1842 |
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.