10 Louisiana opinions name it 2 courts 1955–2016 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 |
|---|---|---|
Batson v. Kentuckygreen2 sentences2006Miller-El, 537 U.S. at 340 , 123 S.Ct. at 1041 . [5] The concern expressed by the majority of the Supreme Court in Swain, 380 U.S. at 219 , 85 S.Ct. at 825 , for accommodating the prosecutor's historical privilege of peremptory challenge was eroding as early as Batson, 476 U.S. at 102-103 , 106 S.Ct. at 1726 , when Justice Marshall, concurring with the majority stated: "The decision today will not end the racial discrimination that peremptories inject into the jury-selection process. 2006Miller-El, 537 U.S. at 340 , 123 S.Ct. at 1041 . [5] The concern expressed by the majority of the Supreme Court in Swain, 380 U.S. at 219 , 85 S.Ct. at 825 , for accommodating the prosecutor's historical privilege of peremptory challenge was eroding as early as Batson, 476 U.S. at 102-103 , 106 S.Ct. at 1726 , when Justice Marshall, concurring with the majority stated: "The decision today will not end the racial discrimination that peremptories inject into the jury-selection process. | 1 | 3 |
Pierce Foundations, Inc. v. Jaroy Construction, Inc.green2 sentences2016“Because the matter involves the interpretation of statutory provisions and only questions of law are presented, our review is de novo.” Pierce Foundations, 2015-0785 at 7, 190 So. 3d at 303 (citation omitted). 2016“Because the matter involves the interpretation of statutory provisions and only questions of law are presented, our review is de novo.” Pierce Foundations, 2015-0785 at 7, 190 So.3d at 303 (citation omitted). | 1 | 1 |
Swain v. Pressleygreen2 sentences1995See, e.g., Swain v. Pressley, 430 U.S. 372, 385 , 97 S.Ct. 1224, 1231 , 51 L.Ed.2d 411 (1977) (Burger, Blackmun and Rehnquist, JJ. concurring in part and concurring in the judgment) (citing Oaks, Legal History in the High CourtHabeas Corpus, 64 Mich.L.Rev. 451, 468 (1966)). [7] Considering this historical framework, we find no basis for concluding that Art. 930.8, a modern post conviction relief procedure, which lies outside the scope of the writ of habeas corpus as the writ was understood at common law and which merely limits the time period during which an application for post conviction re 1995See, e.g., Swain v. Pressley, 430 U.S. 372, 385 , 97 S.Ct. 1224, 1231 , 51 L.Ed.2d 411 (1977) (Burger, Blackmun and Rehnquist, JJ. concurring in part and concurring in the judgment) (citing Oaks, Legal History in the High CourtHabeas Corpus, 64 Mich.L.Rev. 451, 468 (1966)). [7] Considering this historical framework, we find no basis for concluding that Art. 930.8, a modern post conviction relief procedure, which lies outside the scope of the writ of habeas corpus as the writ was understood at common law and which merely limits the time period during which an application for post conviction re | 1 | 1 |
State v. Meltongreen1 sentence1988Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. at 1712, 1719 , 90 L.Ed.2d 69 (1986) [recognized the prosecutor's historical privilege to utilize his peremptory challenges free of judicial controls, 106 S.Ct. at 1720]; See also, State v. Melton, 296 So.2d 280, 282 (La.1974) [courts will not look behind the exercise of peremptory challenges for motive]; State v. Amphy, 259 La. 161 , 249 So.2d 560, 564 (1971), cert. den., Amphy v. Louisiana, 405 U.S. 1074 , 92 S.Ct. 1502 , 31 L.Ed.2d 807 (1972). | 1 | 1 |
State v. Amphygreen2 sentences1988Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. at 1712, 1719 , 90 L.Ed.2d 69 (1986) [recognized the prosecutor's historical privilege to utilize his peremptory challenges free of judicial controls, 106 S.Ct. at 1720]; See also, State v. Melton, 296 So.2d 280, 282 (La.1974) [courts will not look behind the exercise of peremptory challenges for motive]; State v. Amphy, 259 La. 161 , 249 So.2d 560, 564 (1971), cert. den., Amphy v. Louisiana, 405 U.S. 1074 , 92 S.Ct. 1502 , 31 L.Ed.2d 807 (1972). 1988Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. at 1712, 1719 , 90 L.Ed.2d 69 (1986) [recognized the prosecutor's historical privilege to utilize his peremptory challenges free of judicial controls, 106 S.Ct. at 1720]; See also, State v. Melton, 296 So.2d 280, 282 (La.1974) [courts will not look behind the exercise of peremptory challenges for motive]; State v. Amphy, 259 La. 161 , 249 So.2d 560, 564 (1971), cert. den., Amphy v. Louisiana, 405 U.S. 1074 , 92 S.Ct. 1502 , 31 L.Ed.2d 807 (1972). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Swain v. Alabama
red
2 sentences2011The Court sought to accommodate the prosecutor’s historical privilege of peremptory challenge free of judicial control, 380 U.S. at 214-220 , 85 S.Ct. at 832-836, and the constitutional prohibition on exclusion of persons from jury service on account of race, 380 U.S. at 222-224 , 85 S.Ct. at 837-838. 2011The Court sought to accommodate the prosecutor’s historical privilege of peremptory challenge free of judicial control, 380 U.S. at 214-220 , 85 S.Ct. at 832-836, and the constitutional prohibition on exclusion of persons from jury service on account of race, 380 U.S. at 222-224 , 85 S.Ct. at 837-838. | 2 | 2006–2011 |
Miller-El v. Cockrell
green
2 sentences2006Miller-El, 537 U.S. at 340 , 123 S.Ct. at 1041 . [5] The concern expressed by the majority of the Supreme Court in Swain, 380 U.S. at 219 , 85 S.Ct. at 825 , for accommodating the prosecutor's historical privilege of peremptory challenge was eroding as early as Batson, 476 U.S. at 102-103 , 106 S.Ct. at 1726 , when Justice Marshall, concurring with the majority stated: "The decision today will not end the racial discrimination that peremptories inject into the jury-selection process. 2006Miller-El, 537 U.S. at 340 , 123 S.Ct. at 1041 . [5] The concern expressed by the majority of the Supreme Court in Swain, 380 U.S. at 219 , 85 S.Ct. at 825 , for accommodating the prosecutor's historical privilege of peremptory challenge was eroding as early as Batson, 476 U.S. at 102-103 , 106 S.Ct. at 1726 , when Justice Marshall, concurring with the majority stated: "The decision today will not end the racial discrimination that peremptories inject into the jury-selection process. | 1 | 2006–2006 |
Miller-El v. Dretke
green
2 sentences2006That goal can be accomplished only by eliminating peremptory challenges entirely." Currently, in Miller-El, 545 U.S. at 269-74 , 125 S.Ct. at 2342-2344 , Justice Breyer, in a concurrence, noted that peremptory challenges are increasingly anomalous in our judicial system. 2006That goal can be accomplished only by eliminating peremptory challenges entirely." Currently, in Miller-El, 545 U.S. at 269-74 , 125 S.Ct. at 2342-2344 , Justice Breyer, in a concurrence, noted that peremptory challenges are increasingly anomalous in our judicial system. | 1 | 2006–2006 |
Murphy Corp. v. Fontenot
neutral
1 sentence1996For a complete historical analysis of the leasing authority of the Department of the Interior see Murphy Corp. v. Fontenot, 73 So.2d 180 (La.1954). . 30 U.S.C. 351-359. . | 1 | 1996–1996 |
Ford Motor Co. v. W. F. Holt & Sons, Inc.
green
1 sentence1988Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. at 1712, 1719 , 90 L.Ed.2d 69 (1986) [recognized the prosecutor's historical privilege to utilize his peremptory challenges free of judicial controls, 106 S.Ct. at 1720]; See also, State v. Melton, 296 So.2d 280, 282 (La.1974) [courts will not look behind the exercise of peremptory challenges for motive]; State v. Amphy, 259 La. 161 , 249 So.2d 560, 564 (1971), cert. den., Amphy v. Louisiana, 405 U.S. 1074 , 92 S.Ct. 1502 , 31 L.Ed.2d 807 (1972). | 1 | 1988–1988 |
Lecci v. Cahn
green
1 sentence1988Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. at 1712, 1719 , 90 L.Ed.2d 69 (1986) [recognized the prosecutor's historical privilege to utilize his peremptory challenges free of judicial controls, 106 S.Ct. at 1720]; See also, State v. Melton, 296 So.2d 280, 282 (La.1974) [courts will not look behind the exercise of peremptory challenges for motive]; State v. Amphy, 259 La. 161 , 249 So.2d 560, 564 (1971), cert. den., Amphy v. Louisiana, 405 U.S. 1074 , 92 S.Ct. 1502 , 31 L.Ed.2d 807 (1972). | 1 | 1988–1988 |
Textile Workers Union v. Moore of Bedford, Inc.
green
1 sentence1988Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. at 1712, 1719 , 90 L.Ed.2d 69 (1986) [recognized the prosecutor's historical privilege to utilize his peremptory challenges free of judicial controls, 106 S.Ct. at 1720]; See also, State v. Melton, 296 So.2d 280, 282 (La.1974) [courts will not look behind the exercise of peremptory challenges for motive]; State v. Amphy, 259 La. 161 , 249 So.2d 560, 564 (1971), cert. den., Amphy v. Louisiana, 405 U.S. 1074 , 92 S.Ct. 1502 , 31 L.Ed.2d 807 (1972). | 1 | 1988–1988 |
City of Evansville v. Southern Indiana Gas & Electric Co.
green
1 sentence1987City of Evansville, 339 N.E.2d 562 . | 1 | 1987–1987 |
Youchican v. Texas & P. Ry. Co.
neutral
2 sentences1983Co., 147 La. 1080 , 86 So. 551 (1920); Foshee v. Simkin, supra ." A substantial portion of the plaintiff counsel's brief is devoted to a historical analysis of the Louisiana Law on concubinage to show that its development was predicated on public policy construed by the judiciary. 1983Co., 147 La. 1080 , 86 So. 551 (1920); Foshee v. Simkin, supra ." A substantial portion of the plaintiff counsel's brief is devoted to a historical analysis of the Louisiana Law on concubinage to show that its development was predicated on public policy construed by the judiciary. | 1 | 1983–1983 |
Foshee v. Simkin
neutral
1 sentence1983Co., 147 La. 1080 , 86 So. 551 (1920); Foshee v. Simkin, supra ." A substantial portion of the plaintiff counsel's brief is devoted to a historical analysis of the Louisiana Law on concubinage to show that its development was predicated on public policy construed by the judiciary. | 1 | 1983–1983 |
New England Telephone & Telegraph Co. v. State
green
2 sentences1977New England Telephone & Telegraph Co. v. State, 113 N.H. 92 , 302 A.2d 814 (1973); Note, The Use of the Future Test Year in Utility Rate-Making, 52 B.U.L.Rev. 791 (1972). 1977New England Telephone & Telegraph Co. v. State, 113 N.H. 92 , 302 A.2d 814 (1973); Note, The Use of the Future Test Year in Utility Rate-Making, 52 B.U.L.Rev. 791 (1972). | 1 | 1977–1977 |
Perry v. Webb
green
1 sentence1955In Perry v. Webb, 1869, 21 La.Ann. 247 , the Supreme Court had occasion to consider the applicability of (C.C. | 1 | 1955–1955 |
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.
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.