permissive presumption (Louisiana) · Go Syfert
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permissive presumption in Louisiana

11 Louisiana opinions name it 2 courts 1979–2020 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 (8)

CaseFollowedCited
County Court of Ulster Cty. v. Allengreen
scotus · 1979 · cited in 3 Louisiana opinions naming this issue, 1981–1999
2 sentences

1999Ulster County, 442 U.S. at 157 , 99 S.Ct. 2213 .

1999Ulster County, 442 U.S. at 157 , 99 S.Ct. 2213 .

13
Garner v. United Statesgreen
scotus · 1996 · cited in 1 Louisiana opinions naming this issue, 2005–2005
1 sentence

2005During trial, the defense stipulated with the state that if the appropriate personnel from the forensic laboratory were called to testify, that person would testify that the container containing the vaginal swab from the rape kit of K. leaked and the evidence was destroyed. [30] The defendant, thus, presents no evidence of bad faith on the part of the prosecution and, consequently, no due process rights are implicated. [31] The defendant further claims that the trial court erred in denying his request for a permissive instruction regarding the impact of the state's destruction of evidence. [32

11
Brewington v. Woodardgreen
scotus · 1996 · cited in 1 Louisiana opinions naming this issue, 2005–2005
2 sentences

2005During trial, the defense stipulated with the state that if the appropriate personnel from the forensic laboratory were called to testify, that person would testify that the container containing the vaginal swab from the rape kit of K. leaked and the evidence was destroyed. [30] The defendant, thus, presents no evidence of bad faith on the part of the prosecution and, consequently, no due process rights are implicated. [31] The defendant further claims that the trial court erred in denying his request for a permissive instruction regarding the impact of the state's destruction of evidence. [32

2005During trial, the defense stipulated with the state that if the appropriate personnel from the forensic laboratory were called to testify, that person would testify that the container containing the vaginal swab from the rape kit of K. leaked and the evidence was destroyed. [30] The defendant, thus, presents no evidence of bad faith on the part of the prosecution and, consequently, no due process rights are implicated. [31] The defendant further claims that the trial court erred in denying his request for a permissive instruction regarding the impact of the state's destruction of evidence. [32

11
State v. Coxgreen
la · 1977 · cited in 1 Louisiana opinions naming this issue, 1986–1986
1 sentence

1986State v. Freeman, 411 So.2d 1068, 1072 (La.1982); State v. Cox, 344 So.2d 1024, 1025 (La.1977) Accordingly, we conclude that R.S. 14:71(A)(2) must be construed to establish a permissive presumption allowing the jury to be told that it may, but need not, find that the defendant possessed the intent to defraud based upon the basic facts set out in the statute.

11
State v. Freemangreen
la · 1982 · cited in 1 Louisiana opinions naming this issue, 1986–1986
1 sentence

1986State v. Freeman, 411 So.2d 1068, 1072 (La.1982); State v. Cox, 344 So.2d 1024, 1025 (La.1977) Accordingly, we conclude that R.S. 14:71(A)(2) must be construed to establish a permissive presumption allowing the jury to be told that it may, but need not, find that the defendant possessed the intent to defraud based upon the basic facts set out in the statute.

11
State v. Grahamgreen
la · 1978 · cited in 1 Louisiana opinions naming this issue, 1979–1979
1 sentence

1979A similar "consent" statute in Massachusetts recently withstood a procedural due process attack in the Supreme Court, Mackey v. Montrym, ___ U.S. ___, 99 S.Ct. 2612 , 61 L.Ed.2d 321 (1979). [5] The mandatory presumption, with its possible facial invalidity, is contrasted by the court with the permissive presumption, the validity of which may depend upon the facts of a particular case or the manner in which it is sought to be used therein, 99 S.Ct. 2224 (citations omitted): "The most common evidentiary device is the entirely permissive inference or presumption, which allows—but does not require

11
State v. Jonesgreen
la · 1975 · cited in 1 Louisiana opinions naming this issue, 1979–1979
1 sentence

1979A similar "consent" statute in Massachusetts recently withstood a procedural due process attack in the Supreme Court, Mackey v. Montrym, ___ U.S. ___, 99 S.Ct. 2612 , 61 L.Ed.2d 321 (1979). [5] The mandatory presumption, with its possible facial invalidity, is contrasted by the court with the permissive presumption, the validity of which may depend upon the facts of a particular case or the manner in which it is sought to be used therein, 99 S.Ct. 2224 (citations omitted): "The most common evidentiary device is the entirely permissive inference or presumption, which allows—but does not require

11
State v. Batistegreen
la · 1976 · cited in 1 Louisiana opinions naming this issue, 1979–1979
1 sentence

1979A similar "consent" statute in Massachusetts recently withstood a procedural due process attack in the Supreme Court, Mackey v. Montrym, ___ U.S. ___, 99 S.Ct. 2612 , 61 L.Ed.2d 321 (1979). [5] The mandatory presumption, with its possible facial invalidity, is contrasted by the court with the permissive presumption, the validity of which may depend upon the facts of a particular case or the manner in which it is sought to be used therein, 99 S.Ct. 2224 (citations omitted): "The most common evidentiary device is the entirely permissive inference or presumption, which allows—but does not require

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 (7)

CaseCitedYears
State v. Lindsey green
la · 1986
2 sentences

2014Stated another way, “[b]ecause a permissive presumption leaves the trier of fact free to credit or reject the inference and does not shift the burden of proof, it affects the application of the ‘beyond a reasonable doubt’ standard only if, under the facts of the case, there is no rational |sway a trier could make the connection permitted by the inference.” Id. at 376 .

2014“A permissive presumption will generally be upheld unless there is no rational way that the finder of fact could make the connection permitted by the inference.” Id.

61987–2020
State v. Taylor green
la · 1996
1 sentence

2005During trial, the defense stipulated with the state that if the appropriate personnel from the forensic laboratory were called to testify, that person would testify that the container containing the vaginal swab from the rape kit of K. leaked and the evidence was destroyed. [30] The defendant, thus, presents no evidence of bad faith on the part of the prosecution and, consequently, no due process rights are implicated. [31] The defendant further claims that the trial court erred in denying his request for a permissive instruction regarding the impact of the state's destruction of evidence. [32

12005–2005
State v. Lollar green
la · 1980
1 sentence

1999But as pointed out above, significant *1174 problems may occur if the judge instructs the jury by quoting the statutory language without explanation, perhaps misleading the jury into believing that a permissive presumption either is sufficient evidence either to prove intent to defraud beyond a reasonable doubt or to shift the burden to the defendant to prove his lack of intent to defraud. [3] See State v. Lollar, 389 So.2d 1315 (La.1980) (Lemmon, J., Concurring).

11999–1999
Sandstrom v. Montana green
scotus · 1979
2 sentences

1999The Legislature, after Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979) and County Court of Ulster County v. Allen, 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979), perhaps attempted to remedy statutes which contained presumptions by declaring that the presumptions were "only presumptive evidence." It would have been far preferable to simply remove permissive presumptions from the statutes.

1999The Legislature, after Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979) and County Court of Ulster County v. Allen, 442 U.S. 140 , 99 S.Ct. 2213 , 60 L.Ed.2d 777 (1979), perhaps attempted to remedy statutes which contained presumptions by declaring that the presumptions were "only presumptive evidence." It would have been far preferable to simply remove permissive presumptions from the statutes.

11999–1999
State v. Williams green
la · 1978
1 sentence

1979Most recently, this court has held that the presumption of La.R.S. 32:622(A)1(c) is a rebuttable one, State v. Williams, 354 So.2d 152 (La.1977), since La.R.S. 32:662(C) states that the provisions of that section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of alcoholic beverages. [7] While it was previously considered to be a rebuttable presumption, State v. Nix, 31 So.2d 1 (La. 1947), the presumption of criminal negligence from proven violation of a statute, has recently been held by t

11979–1979
State v. Nix green
la · 1947
1 sentence

1979Most recently, this court has held that the presumption of La.R.S. 32:622(A)1(c) is a rebuttable one, State v. Williams, 354 So.2d 152 (La.1977), since La.R.S. 32:662(C) states that the provisions of that section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of alcoholic beverages. [7] While it was previously considered to be a rebuttable presumption, State v. Nix, 31 So.2d 1 (La. 1947), the presumption of criminal negligence from proven violation of a statute, has recently been held by t

11979–1979
MacKey v. Montrym green
scotus · 1979
2 sentences

1979A similar "consent" statute in Massachusetts recently withstood a procedural due process attack in the Supreme Court, Mackey v. Montrym, ___ U.S. ___, 99 S.Ct. 2612 , 61 L.Ed.2d 321 (1979). [5] The mandatory presumption, with its possible facial invalidity, is contrasted by the court with the permissive presumption, the validity of which may depend upon the facts of a particular case or the manner in which it is sought to be used therein, 99 S.Ct. 2224 (citations omitted): "The most common evidentiary device is the entirely permissive inference or presumption, which allows—but does not require

1979A similar "consent" statute in Massachusetts recently withstood a procedural due process attack in the Supreme Court, Mackey v. Montrym, ___ U.S. ___, 99 S.Ct. 2612 , 61 L.Ed.2d 321 (1979). [5] The mandatory presumption, with its possible facial invalidity, is contrasted by the court with the permissive presumption, the validity of which may depend upon the facts of a particular case or the manner in which it is sought to be used therein, 99 S.Ct. 2224 (citations omitted): "The most common evidentiary device is the entirely permissive inference or presumption, which allows—but does not require

11979–1979

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:71 (8) LA § La. Rev. Stat. § 14:3 (3) LA § La. Rev. Stat. § 14:32 (3) LA § La. Rev. Stat. § 15:438 (3)

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.

Where else courts name it

IA 110 (1984–2026) TX 60 (1952–2025) IL 60 (1980–2023) CA 39 (1920–2026) GA 31 (1979–2025) NY 28 (1957–2025) KS 16 (1980–2024) AZ 15 (1981–2025) FL 12 (1967–2026) PA 12 (1868–2024) LA 11 (1979–2020) OH 10 (1982–2022) MI 10 (1953–2026) NJ 9 (1908–2025) WI 7 (1909–2022) AL 7 (1992–2026) WA 6 (1974–2010) MT 6 (1963–1990) VA 6 (1918–2024) NC 6 (1980–2018) WV 6 (1967–2003) DC 5 (1987–2021) CT 5 (1980–2024) CO 5 (1985–2025) WY 5 (1983–2015) TN 4 (1958–2007) MA 4 (1975–2013) NM 3 (1989–2016) DE 3 (1990–2025) MS 3 (1974–1999) MN 3 (1997–2013) VT 3 (1971–2021) RI 2 (1993–1997) UT 2 (2025–2025) HI 2 (1987–2007) NH 2 (2019–2019) AR 2 (1998–1998) NV 2 (1966–1992) ND 2 (1989–2016)

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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