Hearold factors (Louisiana) · Go Syfert
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Hearold factors in Louisiana

11 Louisiana opinions name it 1 courts 1997–2012 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 (3)

CaseFollowedCited
State v. Cushenberrygreen
lactapp · 1995 · cited in 10 Louisiana opinions naming this issue, 1999–2012
2 sentences

2012In State v. Cushenberry, 94-1206, p. 6 (La.App. 4 Cir. 1/31/95), 650 So.2d 783, 786 , this court noted that the Hearold factors were “enunciated as ‘useful’ in determining whether circumstantial evidence is sufficient to prove intent to distribute,” but this court held that evidence need not “fall squarely within the factors enunciated to be sufficient for the jury to find that requisite intent to distribute.” In the present case, the jury heard the testimony of Detective Bangham, who testified that he and his partner set up surveillance in an area that received citizen complaints of drug traf

2012In State v. Cushenberry, 94-1206, p. 6 (La.App. 4 Cir. 1/31/95), 650 So.2d 783, 786 , this court noted that the Hearold factors were “enunciated as ‘useful’ in determining whether circumstantial evidence is sufficient to prove intent to distribute,” but this court held that evidence need not “fall squarely within the factors enunciated to be sufficient for the jury to find that requisite intent to distribute.” In the present case, the jury heard the testimony of Detective Bangham, who testified that he and his partner set up surveillance in an area that received citizen complaints of drug traf

110
State v. Parkergreen
lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 2003–2003
1 sentence

2003In State v. Cushenberry, 94-1206, p. 6, (La.App. 4 Cir. 1/31/95), 650 So.2d 783, 786 , this Court described the Hearold factors as "useful" but held that the evidence need not "fall squarely within the factors enunciated to be sufficient for the jury to find that the requisite intent to distribute." The issue of sufficiency relative to a purchase of narcotics with the alleged assistance of an intermediary was discussed by this Court in State v. Parker, 627 So.2d 210, 212 (La.App. 4 Cir.1993), as follows: "Distribute" is defined in LSA-R.S. 40:961(13) as "to deliver a controlled dangerous subst

11
State v. Martingreen
la · 1975 · cited in 1 Louisiana opinions naming this issue, 2003–2003
1 sentence

2003State v. Martin, 310 So.2d 544, 546 (La. 1975); State v. Simon, 607 So.2d 793 (La.App. 1st Cir.1992), writ den., 612 So.2d 77 (La.1993)....

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 (9)

CaseCitedYears
State v. King green
lactapp · 1996
2 sentences

1999App. 4 Cir. 1/31/95), 650 So.2d 783, 786 , this court described the Hearold factors as "useful" but held that the evidence need not "fall squarely within the factors enunciated to be sufficient for the jury to find that the requisite intent to distribute." In State v. King, 95-1648 (La.App. 3 Cir. 10/9/96) , 683 So.2d 1228 , the police proceeded to investigate, having received complaints of drug activity in the area.

1999In State v. Cushenberry, 94-1206, p. 6, (La.App. 4 Cir. 1/31/95), 650 So.2d 783, 786 , this court described the Hearold factors as "useful" but held that the evidence need not "fall squarely within the factors enunciated to be sufficient for the jury to find that the requisite intent to distribute." In State v. King, 95-1648 (La.App. 3 Cir. 10/9/96) , 683 So.2d 1228 , the facts closely resemble the facts in the present case.

21999–1999
State v. Jones green
lactapp · 1999
1 sentence

2009In State v. Jones, 97-2217 (La.App. 4 Cir. 2/24/99) , 731 So.2d 389, 399 , State v. Ask, 97-2061 (La.App. 4 Cir. 2/10/99) , 729 So.2d 664, 669 , and State v. Bentley, 97-1552 (La.App. 4 Cir. 10/21/98) , 728 So.2d 405, 412 , this Court found sufficient evidence to support convictions for possession of drugs with the intent to distribute based merely upon the amount of drugs seized, even though in no case did the officers involved observe any suspected transactions, nor did the State present any expert testimony in these cases to indicate that *1177 the amount of drugs seized was inconsistent wi

12009–2009
State v. Ash green
lactapp · 1999
1 sentence

2009In State v. Jones, 97-2217 (La.App. 4 Cir. 2/24/99) , 731 So.2d 389, 399 , State v. Ask, 97-2061 (La.App. 4 Cir. 2/10/99) , 729 So.2d 664, 669 , and State v. Bentley, 97-1552 (La.App. 4 Cir. 10/21/98) , 728 So.2d 405, 412 , this Court found sufficient evidence to support convictions for possession of drugs with the intent to distribute based merely upon the amount of drugs seized, even though in no case did the officers involved observe any suspected transactions, nor did the State present any expert testimony in these cases to indicate that *1177 the amount of drugs seized was inconsistent wi

12009–2009
State v. Howard green
lactapp · 2002
1 sentence

2009Moreover, this Court noted in Howard that “[i]n State v. Cushenberry, 94-1206, p. 6 (La.App. 4th Cir.1/31/95), 650 So.2d 783, 786 , this Court described the Hearold factors as ‘useful’ but held that the evidence need not ‘fall squarely within the factors enunciated to be sufficient for the jury to find the requisite intent to distribute.’ ” Howard, at pp. 22-23, 805 So.2d at 1261 -1262 (quoting State v. Cushenberry, 94-1206, p. 6, 650 So.2d 783, 786 ).

12009–2009
State v. Bentley green
lactapp · 1998
1 sentence

2009In State v. Jones, 97-2217 (La.App. 4 Cir. 2/24/99) , 731 So.2d 389, 399 , State v. Ask, 97-2061 (La.App. 4 Cir. 2/10/99) , 729 So.2d 664, 669 , and State v. Bentley, 97-1552 (La.App. 4 Cir. 10/21/98) , 728 So.2d 405, 412 , this Court found sufficient evidence to support convictions for possession of drugs with the intent to distribute based merely upon the amount of drugs seized, even though in no case did the officers involved observe any suspected transactions, nor did the State present any expert testimony in these cases to indicate that *1177 the amount of drugs seized was inconsistent wi

12009–2009
State v. Simon green
lactapp · 1992
1 sentence

2003State v. Martin, 310 So.2d 544, 546 (La. 1975); State v. Simon, 607 So.2d 793 (La.App. 1st Cir.1992), writ den., 612 So.2d 77 (La.1993)....

12003–2003
State v. Simon green
la · 1993
1 sentence

2003State v. Martin, 310 So.2d 544, 546 (La. 1975); State v. Simon, 607 So.2d 793 (La.App. 1st Cir.1992), writ den., 612 So.2d 77 (La.1993)....

12003–2003
State v. Lavigne green
lactapp · 1996
2 sentences

1997App. 4th Cir. 5/22/96), 675 So.2d 771, 775 , writ denied, 96-1738 (La.1/10/97), 685 So.2d 140 .

1997App. 4th Cir. 5/22/96), 675 So.2d 771, 775 , writ denied, 96-1738 (La.1/10/97), 685 So.2d 140 .

11997–1997
State v. Lavigne green
la · 1997
2 sentences

1997App. 4th Cir. 5/22/96), 675 So.2d 771, 775 , writ denied, 96-1738 (La.1/10/97), 685 So.2d 140 .

1997App. 4th Cir. 5/22/96), 675 So.2d 771, 775 , writ denied, 96-1738 (La.1/10/97), 685 So.2d 140 .

11997–1997

Statutes the citing opinions construe

LA § La. Rev. Stat. § 40:967 (9) LA § La. Rev. Stat. § 15:438 (8) 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.

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