derogation of the strong presumption (Louisiana) · Go Syfert
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derogation of the strong presumption in Louisiana

10 Louisiana opinions name it 2 courts 1995–2014 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 (4)

CaseFollowedCited
State v. Hattongreen
la · 2008 · cited in 3 Louisiana opinions naming this issue, 2009–2014
2 sentences

2014In addition, while this Court has repeatedly cautioned the district courts against declaring a statute unconstitutional on grounds not advanced by the litigants, see, e.g., State v. Over-street, 12-1854 (La.3/19/13), 111 So.3d 308 ; State v. Duheart, 12-0085 (La.10/26/12), 125 So.3d 1054 ; State v. Camese, 11-2534 (La.9/12/12), 99 So.3d 636 ; State v. Bazile, 11-2201 (La. 1/24/12), 85 So.3d 1 ; State v. Hatton, 07-2377 (La.7/1/08), 985 So.2d 709 , these decisions rest on the principle that "a judge's sua sponte declaration of unconstitutionality is a derogation of the strong presumption of con

2012See State v. Mercadel, 03-3015, p. 8 (La.5/25/04), 874 So.2d 829, 834 (wherein the supreme court explained that “a court should avoid constitutional questions whenever the case can be disposed of on non-constitutional grounds”) and State v. Hatton, 07-2377, p. 18 (La.7/1/08), 985 So.2d 709, 721 (wherein the supreme court noted that “[a] judge’s sua sponte declaration of unconstitutionality is a derogation of the strong presumption of constitutionality accorded legislative enactments”).

23
State v. Cinelgreen
la · 1994 · cited in 2 Louisiana opinions naming this issue, 1995–2000
2 sentences

2000See State v. Cinel, 94-KA-0942, 646 So.2d 309, 313 (La.1994) (citations omitted) ("[w]henever it is possible, [Louisiana] courts have the duty to interpret statutes in a manner consistent with" our state and federal constitutions).

1995See State v. Cinel, 94-KA-0942, 646 So.2d 309, 313 (La.1994) ( citations omitted ) ("[w]henever it is possible, [Louisiana] courts have the duty to interpret statutes in a manner consistent with" our state and federal constitutions).

22
Istre v. Mechegreen
la · 2000 · cited in 1 Louisiana opinions naming this issue, 2014–2014
1 sentence

2014In addition, while this Court has repeatedly cautioned the district courts against declaring a statute unconstitutional on grounds not advanced by the litigants, see, e.g., State v. Over-street, 12-1854 (La.3/19/13), 111 So.3d 308 ; State v. Duheart, 12-0085 (La.10/26/12), 125 So.3d 1054 ; State v. Camese, 11-2534 (La.9/12/12), 99 So.3d 636 ; State v. Bazile, 11-2201 (La. 1/24/12), 85 So.3d 1 ; State v. Hatton, 07-2377 (La.7/1/08), 985 So.2d 709 , these decisions rest on the principle that "a judge's sua sponte declaration of unconstitutionality is a derogation of the strong presumption of con

11
State v. Mercadelgreen
la · 2004 · cited in 1 Louisiana opinions naming this issue, 2012–2012
1 sentence

2012See State v. Mercadel, 03-3015, p. 8 (La.5/25/04), 874 So.2d 829, 834 (wherein the supreme court explained that “a court should avoid constitutional questions whenever the case can be disposed of on non-constitutional grounds”) and State v. Hatton, 07-2377, p. 18 (La.7/1/08), 985 So.2d 709, 721 (wherein the supreme court noted that “[a] judge’s sua sponte declaration of unconstitutionality is a derogation of the strong presumption of constitutionality accorded legislative enactments”).

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 (6)

CaseCitedYears
BD. OF COM'RS OF ORLEANS LEVEE DISTRICT v. Connick green
la · 1995
2 sentences

2013Id. pp. 3-4, at 765 (citing Bd. of Comm’rs of Orleans Levee Dist. v. Connick, 94-3161, p. 6 (La.3/9/95), 654 So.2d 1073, 1076 ).

2000As the court in Vallo noted, one of the benefits of holding a contradictory hearing and allowing the parties time to research the constitutional issue and prepare thoughtful arguments on it is that a reviewing court is provided with a more complete record from which it can be determined "whether the trial court attempted to construe the statute so as to preserve its constitutionality." [5] Id. *765 The court addressed this matter again in Board of Com'rs of Orleans Levee Dist. v. Connick , where it emphasized that "for a court sua sponte to declare a statute unconstitutional is a derogation of

52000–2013
State v. Overstreet green
la · 2013
1 sentence

2014In addition, while this Court has repeatedly cautioned the district courts against declaring a statute unconstitutional on grounds not advanced by the litigants, see, e.g., State v. Over-street, 12-1854 (La.3/19/13), 111 So.3d 308 ; State v. Duheart, 12-0085 (La.10/26/12), 125 So.3d 1054 ; State v. Camese, 11-2534 (La.9/12/12), 99 So.3d 636 ; State v. Bazile, 11-2201 (La. 1/24/12), 85 So.3d 1 ; State v. Hatton, 07-2377 (La.7/1/08), 985 So.2d 709 , these decisions rest on the principle that "a judge's sua sponte declaration of unconstitutionality is a derogation of the strong presumption of con

12014–2014
State v. Duheart neutral
la · 2012
1 sentence

2014In addition, while this Court has repeatedly cautioned the district courts against declaring a statute unconstitutional on grounds not advanced by the litigants, see, e.g., State v. Over-street, 12-1854 (La.3/19/13), 111 So.3d 308 ; State v. Duheart, 12-0085 (La.10/26/12), 125 So.3d 1054 ; State v. Camese, 11-2534 (La.9/12/12), 99 So.3d 636 ; State v. Bazile, 11-2201 (La. 1/24/12), 85 So.3d 1 ; State v. Hatton, 07-2377 (La.7/1/08), 985 So.2d 709 , these decisions rest on the principle that "a judge's sua sponte declaration of unconstitutionality is a derogation of the strong presumption of con

12014–2014
State v. Bazile green
la · 2012
1 sentence

2014In addition, while this Court has repeatedly cautioned the district courts against declaring a statute unconstitutional on grounds not advanced by the litigants, see, e.g., State v. Over-street, 12-1854 (La.3/19/13), 111 So.3d 308 ; State v. Duheart, 12-0085 (La.10/26/12), 125 So.3d 1054 ; State v. Camese, 11-2534 (La.9/12/12), 99 So.3d 636 ; State v. Bazile, 11-2201 (La. 1/24/12), 85 So.3d 1 ; State v. Hatton, 07-2377 (La.7/1/08), 985 So.2d 709 , these decisions rest on the principle that "a judge's sua sponte declaration of unconstitutionality is a derogation of the strong presumption of con

12014–2014
State v. Camese neutral
la · 2012
1 sentence

2014In addition, while this Court has repeatedly cautioned the district courts against declaring a statute unconstitutional on grounds not advanced by the litigants, see, e.g., State v. Over-street, 12-1854 (La.3/19/13), 111 So.3d 308 ; State v. Duheart, 12-0085 (La.10/26/12), 125 So.3d 1054 ; State v. Camese, 11-2534 (La.9/12/12), 99 So.3d 636 ; State v. Bazile, 11-2201 (La. 1/24/12), 85 So.3d 1 ; State v. Hatton, 07-2377 (La.7/1/08), 985 So.2d 709 , these decisions rest on the principle that "a judge's sua sponte declaration of unconstitutionality is a derogation of the strong presumption of con

12014–2014
Vallo v. Gayle Oil Co., Inc. green
la · 1994
1 sentence

2000As the court in Vallo noted, one of the benefits of holding a contradictory hearing and allowing the parties time to research the constitutional issue and prepare thoughtful arguments on it is that a reviewing court is provided with a more complete record from which it can be determined "whether the trial court attempted to construe the statute so as to preserve its constitutionality." [5] Id. *765 The court addressed this matter again in Board of Com'rs of Orleans Levee Dist. v. Connick , where it emphasized that "for a court sua sponte to declare a statute unconstitutional is a derogation of

12000–2000

Statutes the citing opinions construe

LA § La. Rev. Stat. § 3 (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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