impossible standard (Louisiana) · Go Syfert
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impossible standard in Louisiana

8 Louisiana opinions name it 2 courts 1982–2022 1 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
Murphy v. Floridagreen
scotus · 1975 · cited in 4 Louisiana opinions naming this issue, 1982–2009
2 sentences

1982Murphy v. Florida, 421 U.S. 794 , 95 S.Ct. 2031 , 44 L.Ed.2d 589 (1975). "`To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.

1982Murphy v. Florida, 421 U.S. 794 , 95 S.Ct. 2031 , 44 L.Ed.2d 589 (1975). "`To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.

14

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
Irvin v. Dowd red
scotus · 1961
2 sentences

2009It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence present in court.’ ” Murphy v. Florida, 421 U.S. 794, 800 , 95 S.Ct. 2031, 2036 , 44 L.Ed.2d 589 (1975)(quoting Irvin v. Dowd, 366 U.S. 717, 723 , 81 S.Ct. 1639, 1642-43 , 6 L.Ed.2d 751 (1961)).

2009It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence present in court.’ ” Murphy v. Florida, 421 U.S. 794, 800 , 95 S.Ct. 2031, 2036 , 44 L.Ed.2d 589 (1975)(quoting Irvin v. Dowd, 366 U.S. 717, 723 , 81 S.Ct. 1639, 1642-43 , 6 L.Ed.2d 751 (1961)).

31982–2009
Herring v. BOSSIER PARISH SCHOOL green
lactapp · 1994
1 sentence

2022A teacher or coach, however, is not the insurer of the safety of students in all circumstances and is not held to the impossible standard of exercising constant supervision over each student involved in a group activity. 632 So. 2d at 921 .

12022–2022
Hunter v. Caddo Parish School Bd. green
lactapp · 1993
1 sentence

1994Hunter v. Caddo Parish School Bd., 627 So.2d 772 (La.App. 2d Cir. 1993); Ferguson v. DeSoto Parish School Bd., 467 So.2d 1257 (La.App. 2d Cir.1985), writ denied; Green v. Orleans Parish School Bd., 365 So.2d 834 (La.App. 4th Cir.1978), writ denied.

11994–1994
Ferguson v. DeSoto Parish School Bd. neutral
lactapp · 1985
1 sentence

1994Hunter v. Caddo Parish School Bd., 627 So.2d 772 (La.App. 2d Cir. 1993); Ferguson v. DeSoto Parish School Bd., 467 So.2d 1257 (La.App. 2d Cir.1985), writ denied; Green v. Orleans Parish School Bd., 365 So.2d 834 (La.App. 4th Cir.1978), writ denied.

11994–1994
Green v. Orleans Parish School Bd. green
lactapp · 1979
1 sentence

1994Hunter v. Caddo Parish School Bd., 627 So.2d 772 (La.App. 2d Cir. 1993); Ferguson v. DeSoto Parish School Bd., 467 So.2d 1257 (La.App. 2d Cir.1985), writ denied; Green v. Orleans Parish School Bd., 365 So.2d 834 (La.App. 4th Cir.1978), writ denied.

11994–1994
State v. Kahey green
la · 1983
1 sentence

1993Our Supreme Court in State v. Kahey, 436 So.2d 475 (La.1983), stated, "to hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.

11993–1993
State v. Clark neutral
la · 1983
1 sentence

1983State v. Clark, 434 So.2d 404 (La.1983). [3] In so doing the First Circuit found "[n]o error shown in the ruling complained of; reserving however to defendant the right to reurge a change of venue motion at the completion of the voir dire examination only before the first witness is sworn." [4] To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard.

11983–1983

Where else courts name it

AL 74 (1914–2014) CA 61 (1981–2026) IL 25 (1903–2025) PA 23 (1971–2025) TN 20 (1875–2021) IN 16 (1969–2020) GA 12 (1979–1991) LA 8 (1982–2022) TX 8 (1984–2019) AZ 7 (1968–2021) MO 7 (1987–2024) OK 7 (1969–2023) NY 6 (1960–2022) FL 6 (1977–2008) IA 5 (1978–2018) WI 5 (1964–2005) MI 4 (1997–2024) CO 4 (1983–2025) VA 4 (1998–2023) ID 4 (1973–2004) ND 3 (1980–1989) WY 3 (1979–1989) MT 3 (1999–2013) NJ 3 (1980–1988) KY 3 (2021–2025) NC 3 (1890–1993) MD 3 (1981–2003) NV 3 (1967–1994) MN 3 (2024–2024) WV 3 (1980–2000) NH 3 (1974–2010) HI 2 (1989–2020) OH 2 (2017–2020) NE 2 (1979–1981) VT 2 (2010–2013) WA 2 (2002–2002) CT 2 (1987–1989)

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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