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62 Louisiana opinions name it 2 courts 1916–2020 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.
| Case | Followed | Cited |
|---|---|---|
State v. Crawfordgreen2 sentences2020See State v. Crawford, 520 So.2d 950, 952 (La. 1987). 2020See State v. Crawford, 520 So.2d 950, 952 (La. 1987). | 2 | 2 |
State v. Solomongreen2 sentences2012However, in State v. Solomon, 379 So.2d 1078, 1079-80 (La.1980), the court implied no such violation, holding in pertinent part: 11sBecause the defendant plead guilty to the burglary charge, there is no trial transcript to review in order to determine whether evidence in the theft trial would be the “same evidence” to prove the burglary charge. 2011However, in State v. Solomon, 379 So.2d 1078, 1079-80 (La.1980), the court implied no such violation, holding in pertinent part: Because the defendant plead guilty to the burglary charge, there is no trial transcript to review in order to determine whether evidence in the theft trial would be the “same evidence” to prove the burglary charge. | 2 | 2 |
State v. Mitchellgreen2 sentences2001A defendant's failure to secure his own counsel and refusal to accept court appointed counsel may result in an implied waiver of his right to counsel. (citations omitted.) Mitchell, 580 So.2d at 1009 . 1997However, "[a] defendant's failure to secure his own counsel and refusal to accept court appointed counsel may result in an implied waiver of his right to counsel." State v. Mitchell, 580 So.2d 1006, 1009 (La.App. 3 Cir.1991), writ denied, 613 So.2d 969 (La.1993). | 1 | 7 |
State v. Gilesgreen2 sentences2014In State v. Giles, 04-359, pp. 27-29 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233, 1251-52 , writ denied, 04-2756 (La.3/11/05), 896 So.2d 62 , the court held that there was an implied waiver when counsel did not object to the immediate sentencing after the denial of the motion for post-verdict judgment of acquittal, argued for a lenient sentence, and filed letters submitted on the defendant’s behalf. 2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . | 1 | 7 |
State v. Mitchellgreen2 sentences2017State v. Batiste , 96-526 (La.App. 3 Cir. 12/11/96) , 687 So.2d 499 , writ denied , 97-174 (La. 6/30/97), 696 So.2d 1003 ; State v. Mitchell , 580 So.2d 1006 (La.App. 3 Cir.1991), writ denied , 613 So.2d 969 (La.1993). 1997However, "[a] defendant's failure to secure his own counsel and refusal to accept court appointed counsel may result in an implied waiver of his right to counsel." State v. Mitchell, 580 So.2d 1006, 1009 (La.App. 3 Cir.1991), writ denied, 613 So.2d 969 (La.1993). | 1 | 5 |
State v. Gilesgreen2 sentences2014In State v. Giles, 04-359, pp. 27-29 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233, 1251-52 , writ denied, 04-2756 (La.3/11/05), 896 So.2d 62 , the court held that there was an implied waiver when counsel did not object to the immediate sentencing after the denial of the motion for post-verdict judgment of acquittal, argued for a lenient sentence, and filed letters submitted on the defendant’s behalf. 2011As we noted in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05), 896 So.2d 62 , in the Taves case “the supreme court reversed this court’s finding of excessiveness and reinstated the sentences without any men tion of the trial court’s failure to abide by the delay required by La.Code.Crim.P. art. 873.” We find there was an implied waiver of the twenty-four hour waiting period and further find that Shelton makes no argument claiming prejudice resulting from the failure to delay sentencing for |7the required twenty-four hour period. | 1 | 4 |
DLJ of Louisiana 1 v. Green Thumb, Inc.green2 sentences2003If he seeks any other type of relief while the case is on appeal, however, we think his actions in seeking that relief will constitute a general appearance and an implied waiver of all objections he may have to the jurisdiction of the court. 334 So.2d at 804 (Emphasis supplied). 1989DLJ of La. #1 v. Green Thumb, Inc., 334 So.2d 801 (La.App. 3d Cir.1976); LSA-C.C.P. 7; Humphrey v. Gauthreaux, supra. Finding no error, we affirm the judgments below. | 1 | 3 |
State v. McGowangreen2 sentences1996In the Brooks opinion, the supreme court stated that the implied waiver language in McGowan, 359 So.2d 972 , and State v. Wisenbaker, 428 So.2d 790 (La.1983) was simply "dicta." In Brooks , the defendant's family hired a new attorney to represent him two days before trial. 1984Further, if an implied waiver is found to exist, despite the defendant's vocal protest not to waive counsel, defendant will not have been denied his constitutional right to counsel *549 at trial. [2] State v. McGowan, 359 So.2d 972 (La.1978). | 1 | 3 |
State v. Tavesgreen2 sentences2011This case is much like State v. Taves, 02-709 (La.App. 3 Cir. 1/15/03) , 846 So.2d 1 , affirmed in part, reversed in part on other grounds, 03-518 (La.12/3/03), 861 So.2d 144 . 2008See State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La. 3/11/05), 896 So.2d 62 , and State v. Taves, 02-709 (La.App. 3 Cir. 1/15/03) , 846 So.2d 1 , affirmed in part, reversed in part, 03-518 (La. 12/3/03), 861 So.2d 144 . | 1 | 2 |
State v. Tavesgreen2 sentences2011This case is much like State v. Taves, 02-709 (La.App. 3 Cir. 1/15/03) , 846 So.2d 1 , affirmed in part, reversed in part on other grounds, 03-518 (La.12/3/03), 861 So.2d 144 . 2008See State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La. 3/11/05), 896 So.2d 62 , and State v. Taves, 02-709 (La.App. 3 Cir. 1/15/03) , 846 So.2d 1 , affirmed in part, reversed in part, 03-518 (La. 12/3/03), 861 So.2d 144 . | 1 | 2 |
State v. Ferrellgreen2 sentences2007See State v. Ferrell, 94-702 (La.App. 5 Cir. 5/30/95) , 656 So.2d 739, 745 , writ denied, 95-2360 (La.4/18/97), 692 So.2d 433 . 2004The State cites three cases in its brief to support its contention that defense counsel's statement constituted an implied waiver of the twenty-four-hour delay: State v. Flowers, 337 So.2d 469 (La.1976); State v. Ferrell, 94-702 (La.App. 5 Cir. 5/30/95) , 656 So.2d 739 , writ denied, 95-2360 (La.4/18/97), 692 So.2d 433 ; and State v. Starks, 549 So.2d 409 (La.App. 5 Cir.1989). | 1 | 2 |
State v. Ferrellgreen2 sentences2007See State v. Ferrell, 94-702 (La.App. 5 Cir. 5/30/95) , 656 So.2d 739, 745 , writ denied, 95-2360 (La.4/18/97), 692 So.2d 433 . 2004The State cites three cases in its brief to support its contention that defense counsel's statement constituted an implied waiver of the twenty-four-hour delay: State v. Flowers, 337 So.2d 469 (La.1976); State v. Ferrell, 94-702 (La.App. 5 Cir. 5/30/95) , 656 So.2d 739 , writ denied, 95-2360 (La.4/18/97), 692 So.2d 433 ; and State v. Starks, 549 So.2d 409 (La.App. 5 Cir.1989). | 1 | 2 |
State v. Starksgreen2 sentences2004The State cites three cases in its brief to support its contention that defense counsel's statement constituted an implied waiver of the twenty-four-hour delay: State v. Flowers, 337 So.2d 469 (La.1976); State v. Ferrell, 94-702 (La.App. 5 Cir. 5/30/95) , 656 So.2d 739 , writ denied, 95-2360 (La.4/18/97), 692 So.2d 433 ; and State v. Starks, 549 So.2d 409 (La.App. 5 Cir.1989). 1995See State v. Starks, 549 So.2d 409 (La.App. 5 Cir.1989). | 1 | 2 |
| State v. Hamiltongreen | 1 | 1 |
| Strickler v. Greenegreen | 1 | 1 |
| Atkins v. Virginiagreen | 1 | 1 |
| State v. Leggettgreen | 1 | 1 |
| Kay v. Furlowgreen | 1 | 1 |
| State v. Fallongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Batiste
green
2 sentences2007In State v. Batiste, 96-526 (La.App. 3 Cir. 12/11/96) ; 687 So.2d 499 , writ denied, 97-174 (La.6/30/97); 696 So.2d 1003 , this court also found an implied waiver of counsel by dilatory actions, where the defendant had previously obtained three continuances and told the trial court on eight out of eleven appearances that he had retained or would retain counsel. 2002In State v. Batiste, 96-526 (La.App. 3 Cir. 12/11/96) ; 687 So.2d 499 , writ denied, 97-174 (La.6/30/97); 696 So.2d 1003 , this court also found an implied waiver of counsel by dilatory actions, where the defendant had previously obtained three continuances and told the trial court on eight out of eleven appearances that he had retained or would retain counsel. | 6 | 1997–2017 |
State v. Batiste
green
2 sentences2007In State v. Batiste, 96-526 (La.App. 3 Cir. 12/11/96) ; 687 So.2d 499 , writ denied, 97-174 (La.6/30/97); 696 So.2d 1003 , this court also found an implied waiver of counsel by dilatory actions, where the defendant had previously obtained three continuances and told the trial court on eight out of eleven appearances that he had retained or would retain counsel. 2002In State v. Batiste, 96-526 (La.App. 3 Cir. 12/11/96) ; 687 So.2d 499 , writ denied, 97-174 (La.6/30/97); 696 So.2d 1003 , this court also found an implied waiver of counsel by dilatory actions, where the defendant had previously obtained three continuances and told the trial court on eight out of eleven appearances that he had retained or would retain counsel. | 5 | 1997–2017 |
State v. Schmidt
green
2 sentences2014In Schmidt, 771 So.2d 131 , this court found that the defendant implicitly waived the twenty-four-hour delay between the denial of his motion for new trial and sentencing when defense counsel affirmatively responded to the trial court’s inquiry as to whether his client was prepared for sentencing and where defense counsel failed to lodge a contemporaneous objection when the trial court proceeded. 2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . | 4 | 2004–2014 |
Schmidt v. Louisiana
green
2 sentences2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . 2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . | 4 | 2004–2014 |
United States Ex Rel. King v. Hillcrest Health Center, Inc.
green
2 sentences2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . 2009In response to the State's application for review, the supreme court reversed this court's finding of excessiveness and reinstated the sentences without any mention of the trial court's failure to abide by the delay required by La.Code Crim.P. art. 873. ( See also State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), for a thorough discussion of the jurisprudence regarding *211 express and implied waivers of the twenty-four-hour delay period required by La.Cod | 4 | 2004–2014 |
State v. Schmidt
green
2 sentences2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . 2009In response to the State's application for review, the supreme court reversed this court's finding of excessiveness and reinstated the sentences without any mention of the trial court's failure to abide by the delay required by La.Code Crim.P. art. 873. ( See also State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), for a thorough discussion of the jurisprudence regarding *211 express and implied waivers of the twenty-four-hour delay period required by La.Cod | 4 | 2004–2014 |
City of Baton Rouge v. Dees
green
2 sentences1999State v. Johnson, 450 So.2d 354 (La.1984); State v. Harper, supra ; City of Baton Rouge v. Dees, supra . 1999State v. Johnson, 450 So.2d 354 (La.1984); State v. Harper, supra ; City of Baton Rouge v. Dees, supra ; State ex rel. | 4 | 1979–1999 |
State v. Harper
green
2 sentences1999State v. Johnson, 450 So.2d 354 (La.1984); State v. Harper, supra ; City of Baton Rouge v. Dees, supra . 1999State v. Johnson, 450 So.2d 354 (La.1984); State v. Harper, supra ; City of Baton Rouge v. Dees, supra ; State ex rel. | 4 | 1991–1999 |
State v. Collins
green
2 sentences2014Alternatively, the State asserts that this court should find an implied waiver, as was done in State v. Schmidt, 99-1412 (La.App. 3 Cir. 7/26/00) , 771 So.2d 131 , writ denied, 00-2950 (La.9/28/01), 798 So.2d 105 , cert. denied, 535 U.S. 905 , 122 S.Ct. 1205 , 152 L.Ed.2d 143 (2002), because defense counsel requested a waiver, voiced no objection when sentence was immediately imposed, and there was no request for a continuance as in State v. Giles, 04-359 (La.App. 3 Cir. 10/6/04) , 884 So.2d 1233 , writ denied, 04-2756 (La.3/11/05); 896 So.2d 62 . 2009App. 3 Cir. 10/6/04), 884 So.2d 1233, 1251-25 , writ denied, 04-2756 (La.3/11/05), 896 So.2d 62 , this court found an implied waiver of the La.Code Crim.P. art. 873 delay, explaining in pertinent part: Defense counsel voiced no objection when sentencing was taken up immediately after the denial of the motion for post verdict judgment of acquittal and the motion for new trial. | 3 | 2009–2014 |
State v. Berry
green
2 sentences2006Berry, 324 So.2d at 827-828 . 1997State v. Berry, 324 So.2d 822 (La.1975), cert. denied, 425 U.S. 954 , 96 S.Ct. 1731 , 48 L.Ed.2d 198 (1976); State v. Brown, 619 So.2d 692 (La.App. 4th Cir.1993). | 3 | 1993–2006 |
Shell Pipeline Corp. v. Kennedy
green
2 sentences2019Shell Pipeline Corp. v. Kennedy , 00-3207, p. 4 (La. 10/16/01), 799 So.2d 475 , 478. 2019Shell Pipeline Corp. v. Kennedy , 00-3207, p. 4 (La. 10/16/01), 799 So.2d 475 , 478. | 2 | 2019–2019 |
State v. Bergeron
green
2 sentences2017In State v. Bergeron, 14-608, pp. 3-4 (La.App. 3 Cir. 11/5/14), 150 So.3d 523, 527 , this court found an implied waiver of the Article 873 delay under the following circumstances: [A]t the conclusion of the trial, sentencing was set for August 1, 2013. 2015In State v. Bergeron, 14-608, pp. 3-4 (La.App. 3 Cir. 11/5/14), 150 So.3d 523, 527 , this court found an implied waiver of the La.Code Crim.P. art. 873 delay under the following circumstances: [A]t the conclusion of the trial, sentencing was set for August 1, 2013. | 2 | 2015–2017 |
State v. Brannon
green
2 sentences2009Recently, in State v. Brannon, 07-431 (La.App. 3 Cir. 12/5/07) , 971 So.2d 511 , writ denied, 07-2465 (La.5/9/08), 980 So.2d 689 , this court found an implied waiver of the La.Code Crim.P. art. 873 delay where the defendant did not request a continuance of the sentencing and did not object to proceeding with sentencing. 2009Recently, in State v. Brannon, 07-431 (La.App. 3 Cir. 12/5/07) , 971 So.2d 511 , writ denied, 07-2465 (La.5/9/08), 980 So.2d 689 , this court found an implied waiver of the La.Code Crim.P. art. 873 delay where the defendant did not request a continuance of the sentencing and did not object to proceeding with sentencing. | 2 | 2009–2009 |
State v. Brannon
green
2 sentences2009Recently, in State v. Brannon, 07-431 (La.App. 3 Cir. 12/5/07) , 971 So.2d 511 , writ denied, 07-2465 (La.5/9/08), 980 So.2d 689 , this court found an implied waiver of the La.Code Crim.P. art. 873 delay where the defendant did not request a continuance of the sentencing and did not object to proceeding with sentencing. 2009Recently, in State v. Brannon, 07-431 (La.App. 3 Cir. 12/5/07) , 971 So.2d 511 , writ denied, 07-2465 (La.5/9/08), 980 So.2d 689 , this court found an implied waiver of the La.Code Crim.P. art. 873 delay where the defendant did not request a continuance of the sentencing and did not object to proceeding with sentencing. | 2 | 2009–2009 |
State v. Brooks
green
2 sentences2002Brooks, 452 So.2d 149 . 1996In a somewhat similar case, State v. Brooks, 452 So.2d 149 (La.1984), the Louisiana Supreme Court appeared to limit the situations in which an implied waiver of the right to counsel may be found. | 2 | 1996–2002 |
State v. Biglane
green
2 sentences2001State v. Biglane, 99-111 (La.App. 5 Cir. 5/19/99) , 738 So.2d 630, 639 . 2000State v. Biglane, 99-111 (La.App. 5th Cir. 5/19/99), 738 So.2d 630, 639 . | 2 | 2000–2001 |
State v. Johnson
neutral
2 sentences1999State v. Johnson, 450 So.2d 354 (La.1984); State v. Harper, supra ; City of Baton Rouge v. Dees, supra . 1999State v. Johnson, 450 So.2d 354 (La.1984); State v. Harper, supra ; City of Baton Rouge v. Dees, supra ; State ex rel. | 2 | 1999–1999 |
| Berry v. Louisiana green | 2 | 1993–1997 |
| Humphrey v. Gauthreaux green | 2 | 1989–1989 |
| Arsenaux v. Arsenaux green | 2 | 1986–1989 |
| Boyd v. Boyd neutral | 2 | 1916–1958 |
| State v. Westmoreland green | 1 | 2017–2017 |
| State v. Westmoreland green | 1 | 2017–2017 |
| State v. Roy neutral | 1 | 2017–2017 |
| Posey v. Smith green | 1 | 2014–2014 |
| Mennonite Board of Missions v. Adams green | 1 | 2011–2011 |
| State v. Clark green | 1 | 2011–2011 |
| State v. Barr green | 1 | 2008–2008 |
| State v. Flowers green | 1 | 2004–2004 |
| Enmund v. Florida green | 1 | 2002–2002 |
| Rawls v. Damare green | 1 | 1998–1998 |
| Rawls v. Damare green | 1 | 1998–1998 |
| Felder v. Georgia Pac. Corp. green | 1 | 1998–1998 |
| State v. Diaz neutral | 1 | 1998–1998 |
| State v. Lindsey green | 1 | 1998–1998 |
| State v. Diaz neutral | 1 | 1998–1998 |
| State v. Lindsey green | 1 | 1998–1998 |
| Sullivan v. Sullivan green | 1 | 1998–1998 |
| State v. Brown green | 1 | 1997–1997 |
| State v. Dupre green | 1 | 1997–1997 |
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.