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11 Louisiana opinions name it 2 courts 1977–2015 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 |
|---|---|---|
Speiser v. Randallgreen2 sentences1993As stated by the United States Supreme Court in recognizing the inevitability of error even in criminal cases, “[w]here one party has at stake an interest of transcending value — as a criminal defendant his liberty — this margin of error is reduced as to him by the process of placing on the other party the burden ... of persuading the factfinder at the conclusion of the trial of his guilt beyond a reasonable doubt.” Speiser v. Randall, 357 U.S. 513, 525-526 , 78 S.Ct. 1332, 1341-42 , 2 L.Ed.2d 1460 (1958). 1993As stated by the United States Supreme Court in recognizing the inevitability of error even in criminal cases, “[w]here one party has at stake an interest of transcending value — as a criminal defendant his liberty — this margin of error is reduced as to him by the process of placing on the other party the burden ... of persuading the factfinder at the conclusion of the trial of his guilt beyond a reasonable doubt.” Speiser v. Randall, 357 U.S. 513, 525-526 , 78 S.Ct. 1332, 1341-42 , 2 L.Ed.2d 1460 (1958). | 1 | 6 |
In Re WINSHIPgreen2 sentences1993In 1970, the high court explicitly held that the due process clause “protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” In Re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1072 , 25 L.Ed.2d 368 (1970). 1993In 1970, the high court explicitly held that the due process clause “protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” In Re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068, 1072 , 25 L.Ed.2d 368 (1970). | 1 | 3 |
Johnson v. Travelers Insurance Co.green1 sentence1985See Malone & Johnson, supra, at § 32, p. 38; McCormick, supra, § 345, at p. 822; Cf. Speiser v. Randall, 357 U.S. 513 , 78 S.Ct. 1332 , 2 L.Ed.2d 1460 (1958). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
State v. Robertsongreen2 sentences2002But see, footnote 26, supra. Although Louisiana's definition of significantly subaverage intellectual functioning does not specifically use the word "approximately," because of the SEM, any IQ test score has a margin of error and is only a factor in assessing mental retardation. [30] See LSA-Ch.C. art. 895(A), which provides in pertinent part: In cases in which a child has been adjudicated a delinquent, the court may commit him to a public or private mental institution... if the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than reta 2002But see, footnote 26, supra. Although Louisiana's definition of significantly subaverage intellectual functioning does not specifically use the word "approximately," because of the SEM, any IQ test score has a margin of error and is only a factor in assessing mental retardation. [30] See LSA-Ch.C. art. 895(A), which provides in pertinent part: In cases in which a child has been adjudicated a delinquent, the court may commit him to a public or private mental institution... if the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than reta | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Walton v. Normandy Village Homes Ass'n, Inc.
green
2 sentences1989Cf. Speiser v. Randall, 357 U.S. 513 , 78 S.Ct. 1332 , 2 L.Ed.2d 1460 (1958). [ 475 So.2d at 325 ] In reviewing the trial court's judgment, the appellate court must give great weight to the trier of fact's factual conclusions, and reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed even though the appellate court may feel that its own evaluations and inferences are as reasonable. 1986Walton, supra . | 2 | 1986–1989 |
Hall v. Florida
green
2 sentences2015In Hall v. Florida, — U.S. —, 134 S.Ct, 1986 , 188 L.Ed.2d 1007 (2014), the U.S. Supreme Court determined that the Florida Supreme Court’s interpretation of a Florida stat *628 ute as barring a defendant from presenting a claim that he cannot be executed because of Iris intellectual disability when he has an IQ score above 70 is unconstitutional because it fails to consider the margin of error. 50 . 2015In Hall v. Florida, — U.S. —, 134 S.Ct, 1986 , 188 L.Ed.2d 1007 (2014), the U.S. Supreme Court determined that the Florida Supreme Court’s interpretation of a Florida stat *628 ute as barring a defendant from presenting a claim that he cannot be executed because of Iris intellectual disability when he has an IQ score above 70 is unconstitutional because it fails to consider the margin of error. 50 . | 1 | 2015–2015 |
State v. Williams
red
1 sentence2009For example, in State v. Williams, 01-1650, pp. 23-24 n. 26 (La.11/1/02), 831 So.2d 835 , 853-54 n. 26, we observed that "an IQ of 70 could range from 66 to 74 assuming an SEM [standard error of measurement] of 4." Yet, defense counsel in this case did not question either his own expert witness or the State's expert witness about a standard error of measurement with regard to IQ scores in general, and certainly not with respect to the defendant's IQ score of 73 as reported by Dr. Rostow and relied upon by Dr. Cenac, to demonstrate to jurors that an IQ score of 73 could fall within the borderli | 1 | 2009–2009 |
LeBlanc v. State
green
1 sentence1996LeBlanc v. State. 419 So.2d 853 (La.1982) The supreme court has held that a motorist has a right to assume that a highway shoulder, the function of which is to accommodate motor vehicles intentionally or unintentionally driven thereon, is maintained in a reasonably safe condition. | 1 | 1996–1996 |
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.