fell into error (Louisiana) · Go Syfert
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fell into error in Louisiana

9 Louisiana opinions name it 2 courts 1928–2001 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 (1)

CaseFollowedCited
Sibron v. New Yorkgreen
scotus · 1968 · cited in 1 Louisiana opinions naming this issue, 1979–1979
2 sentences

1979See, Sibron v. New York, 392 U.S. at 65-66, 88 S.Ct. at 1904 , 20 L.Ed.2d at 936 . *1320 The trial court fell into error in its refusal to suppress the inadmissible evidence.

1979See, Sibron v. New York, 392 U.S. at 65-66, 88 S.Ct. at 1904 , 20 L.Ed.2d at 936 . *1320 The trial court fell into error in its refusal to suppress the inadmissible evidence.

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 (17)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
2 sentences

1999It is true that suppression of material evidence constitutes a violation of due process justifying a new trial irrespective of the good faith or bad faith of the prosecution; Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and, that when the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within this general rule.

1999It is true that suppression of material evidence constitutes a violation of due process justifying a new trial irrespective of the good faith or bad faith of the prosecution; Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and, that when the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within this general rule.

21984–1999
Branch v. Willis-Knighton Medical Center green
la · 1994
1 sentence

2001In my view, the Court fell into error in Branch v. Willis-Knighton Medical Center, 92-3086 (La.4/28/94), 636 So.2d 211 when it concluded that La.

12001–2001
Succession of Bechtel neutral
lactapp · 1958
1 sentence

1981The basis of their argument is that the defective witness voided the entirety of the last will and testament, citing Succession of Roussel, 373 So.2d 155 (La.1979) and Succession of Bechtel, 99 So.2d 495 (La.App.

11981–1981
Succession of Roussel green
la · 1979
1 sentence

1981The basis of their argument is that the defective witness voided the entirety of the last will and testament, citing Succession of Roussel, 373 So.2d 155 (La.1979) and Succession of Bechtel, 99 So.2d 495 (La.App.

11981–1981
Johnson v. Southern Farm Bureau Casualty Ins. Co. neutral
lactapp · 1960
1 sentence

1966Johnson v. Wilson, 239 La. 390 , 118 So.2d 450 (1960); Jenkins v. Fidelity and Casualty Company of New York, (La.App., 1 Cir., 1957), 92 So.2d 120 ; Johnson v. Southern Farm Bureau Casualty Insurance Company, (La.App., 3 Cir., 1960), 124 So.2d 331 ; Deshotels v. United States Fire Insurance Company, (La.App., 3 Cir., 1961), 132 So.2d 504 ; Guidry v. United States Casualty Co., (La.App., 3 Cir., 1961), 134 So.2d 319 .” From our appreciation of the physical facts that existed at the time of and immediately preceding the accident, we find the trial court fell into error in concluding plaintiff wa

11966–1966
Guidry v. United States Casualty Co. neutral
lactapp · 1961
1 sentence

1966Johnson v. Wilson, 239 La. 390 , 118 So.2d 450 (1960); Jenkins v. Fidelity and Casualty Company of New York, (La.App., 1 Cir., 1957), 92 So.2d 120 ; Johnson v. Southern Farm Bureau Casualty Insurance Company, (La.App., 3 Cir., 1960), 124 So.2d 331 ; Deshotels v. United States Fire Insurance Company, (La.App., 3 Cir., 1961), 132 So.2d 504 ; Guidry v. United States Casualty Co., (La.App., 3 Cir., 1961), 134 So.2d 319 .” From our appreciation of the physical facts that existed at the time of and immediately preceding the accident, we find the trial court fell into error in concluding plaintiff wa

11966–1966
Deshotels v. United States Fire Insurance Company neutral
lactapp · 1961
1 sentence

1966Johnson v. Wilson, 239 La. 390 , 118 So.2d 450 (1960); Jenkins v. Fidelity and Casualty Company of New York, (La.App., 1 Cir., 1957), 92 So.2d 120 ; Johnson v. Southern Farm Bureau Casualty Insurance Company, (La.App., 3 Cir., 1960), 124 So.2d 331 ; Deshotels v. United States Fire Insurance Company, (La.App., 3 Cir., 1961), 132 So.2d 504 ; Guidry v. United States Casualty Co., (La.App., 3 Cir., 1961), 134 So.2d 319 .” From our appreciation of the physical facts that existed at the time of and immediately preceding the accident, we find the trial court fell into error in concluding plaintiff wa

11966–1966
Jenkins v. Fidelity and Casualty Co. of New York neutral
lactapp · 1957
1 sentence

1966Johnson v. Wilson, 239 La. 390 , 118 So.2d 450 (1960); Jenkins v. Fidelity and Casualty Company of New York, (La.App., 1 Cir., 1957), 92 So.2d 120 ; Johnson v. Southern Farm Bureau Casualty Insurance Company, (La.App., 3 Cir., 1960), 124 So.2d 331 ; Deshotels v. United States Fire Insurance Company, (La.App., 3 Cir., 1961), 132 So.2d 504 ; Guidry v. United States Casualty Co., (La.App., 3 Cir., 1961), 134 So.2d 319 .” From our appreciation of the physical facts that existed at the time of and immediately preceding the accident, we find the trial court fell into error in concluding plaintiff wa

11966–1966
Johnson v. Wilson green
la · 1960
2 sentences

1966Johnson v. Wilson, 239 La. 390 , 118 So.2d 450 (1960); Jenkins v. Fidelity and Casualty Company of New York, (La.App., 1 Cir., 1957), 92 So.2d 120 ; Johnson v. Southern Farm Bureau Casualty Insurance Company, (La.App., 3 Cir., 1960), 124 So.2d 331 ; Deshotels v. United States Fire Insurance Company, (La.App., 3 Cir., 1961), 132 So.2d 504 ; Guidry v. United States Casualty Co., (La.App., 3 Cir., 1961), 134 So.2d 319 .” From our appreciation of the physical facts that existed at the time of and immediately preceding the accident, we find the trial court fell into error in concluding plaintiff wa

1966Johnson v. Wilson, 239 La. 390 , 118 So.2d 450 (1960); Jenkins v. Fidelity and Casualty Company of New York, (La.App., 1 Cir., 1957), 92 So.2d 120 ; Johnson v. Southern Farm Bureau Casualty Insurance Company, (La.App., 3 Cir., 1960), 124 So.2d 331 ; Deshotels v. United States Fire Insurance Company, (La.App., 3 Cir., 1961), 132 So.2d 504 ; Guidry v. United States Casualty Co., (La.App., 3 Cir., 1961), 134 So.2d 319 .” From our appreciation of the physical facts that existed at the time of and immediately preceding the accident, we find the trial court fell into error in concluding plaintiff wa

11966–1966
Allison v. Pick neutral
la · 1956
2 sentences

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

11960–1960
Second Church of Christ, Scientist v. Spencer neutral
la · 1956
2 sentences

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

11960–1960
Southwest Gas Producing Co. v. Hattie Brothers green
la · 1956
2 sentences

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

11960–1960
Sunseri v. Westbank Motors, Inc. neutral
la · 1955
2 sentences

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

11960–1960
Sill v. Clanton Electric Co. green
la · 1959
2 sentences

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

1960In support of his position learned counsel has cited the following cases: Sill v. Clanton Electric Co., 236 La. 705 , 109 So.2d 64 ; Second Church of Christ Scientist v. Spencer, 230 La. 432 , 88 So.2d 810 ; Southwest Gas Producing Company v. Hattie Brothers, 230 La. 339 , 88 So.2d 649 ; Allison v. Pick, 229 La. 524 , 86 So.2d 179 ; and Sunseri v. Westbank Motors, 228 La. 370 , 82 So.2d 43 .

11960–1960
Smith v. Bradford green
la · 1841
1 sentence

1931In Smith v. Bradford, 17 La. 263 , the court field that when an injunction is maintained against hypothecary or executory proceedings attorney’s fees will not be allowed.

11931–1931
State v. Mason neutral
· 1886
1 sentence

1928Ann. 485 , 27 So. 214 , where the court cited, in support of the proposition, 3 Rice on Evidence, § 327, which refers only to the common-law rule, and four decisions-which were not at all appropriate,. because they were rendered before 1886, viz., State v. Mason, 38 La.

11928–1928
State v. Angel neutral
la · 1900
1 sentence

1928Here is what the statute declared: “That the circumstance of the witness being a party accused” — mark you, not the party but a party accused — “shall in no wise disqualify Mm from testifying; provided, that no one shall be compelled to give evidence against himself; and provided, that if the person accused avails himself of this privilege, he shall be subject to all the rules that apply to other witnesses, and may be cross-examined as to all matters concerning' which he gives his testimony; and provided further, that his failure to testify shall not be construed for or against him; but all te

11928–1928

Where else courts name it

TX 46 (1903–2002) AL 19 (1897–1977) PA 16 (1909–1976) LA 9 (1928–2001) CA 7 (1890–2006) NY 6 (1881–1941) AR 5 (1941–1973) OK 5 (1912–1947) CO 4 (1892–1973) SC 4 (1935–1942) MO 4 (1921–1977) MT 3 (1933–1963) IN 2 (1882–1890)

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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