free and voluntary waiver in Louisiana

56 Louisiana opinions name it 2 courts 1984–2025 2 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)

Case	Followed	Cited
State v. Nucciogreen la · 1984 · cited in 15 Louisiana opinions naming this issue, 1987–2014 2 sentences 2009In State v. Nuccio, 454 So.2d 93, 104 (La. 1984), called into doubt on other grounds by State v. Johnson, 94, p. 15 (La.11/27/95), 664 So.2d 94, 101 , the Louisiana Supreme Court held that while a colloquy between the judge and defendant is the preferred method of proving a free and voluntary waiver of constitutional rights, the colloquy is not indispensable when the record contains some other affirmative showing of the waiver. 1142 Moreover, contrary to the defendant’s assertion that the plea was invalid because the trial judge failed to explain he could ask for a judge trial, the Louisiana 1989*“While a colloquy between the judge and defendant is the preferred method of proof of a free and voluntary waiver, the colloquy is not indispensible when the record contains some other affirmative showing of proper waiver.” State v. Nuccio, 454 So.2d 93, 104 (La.1984).	9	15
State v. Banksgreen la · 1982 · cited in 1 Louisiana opinions naming this issue, 2009–2009 1 sentence 2009State v. Banks, 412 So.2d 1025, 1027 (La.1982).	1	1
State v. Carsongreen lactapp · 1988 · cited in 1 Louisiana opinions naming this issue, 2007–2007 1 sentence 2007State v. Carson, 527 So.2d 1018, 1020 (La.App. 1 Cir.1988).	1	1
State v. Arnoldgreen lactapp · 1998 · cited in 1 Louisiana opinions naming this issue, 1999–1999 1 sentence 1999State v. Morrison, supra; State v. Nabors, supra; State v. Age, supra; State v. Brew, supra; See also State v. Arnold, 30,282 (La.App.2d Cir.1/21/98), 706 So.2d 578 (finding that a defendant who had specifically waived his right to a jury trial on his murder charges did not also waive his right to a jury trial on his firearm charge pursuant to an amended indictment).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (32)

Case	Cited	Years
State v. Morrison green lactapp · 1992 2 sentences 2015State v. Myers, 43,-105 (La.App.2d Cir.3/19/08), 978 So.2d 595 ; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). 2006Indeed, an express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed. *516 Boykin, supra; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992).	16	1999–2015
State v. English green lactapp · 1991 2 sentences 2007State v. Durr, 28,197 (La.App.2d Cir.6/26/96), 677 So.2d 596 ; State v. English, 582 So.2d 1358 (La.App. 2d Cir.1991), writ denied, 584 So.2d 1172 (La.1991). 2006State v. Durr, 28,197 (La.App. 2d Cir.6/26/96), 677 So.2d 596 ; State v. English, 582 So.2d 1358 (La.App. 2d Cir. 1991), writ denied, 584 So.2d 1172 (La. 1991).	7	1999–2007
State v. Durr green lactapp · 1996 2 sentences 2007State v. Durr, 28,197 (La.App.2d Cir.6/26/96), 677 So.2d 596 ; State v. English, 582 So.2d 1358 (La.App. 2d Cir.1991), writ denied, 584 So.2d 1172 (La.1991). 2006State v. Durr, 28,197 (La.App. 2d Cir.6/26/96), 677 So.2d 596 ; State v. English, 582 So.2d 1358 (La.App. 2d Cir. 1991), writ denied, 584 So.2d 1172 (La. 1991).	7	1999–2007
Boykin v. Alabama green scotus · 1969 2 sentences 2025Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L. 2025Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L.	6	1987–2025
State v. English green la · 1991 2 sentences 2007State v. Durr, 28,197 (La.App.2d Cir.6/26/96), 677 So.2d 596 ; State v. English, 582 So.2d 1358 (La.App. 2d Cir.1991), writ denied, 584 So.2d 1172 (La.1991). 2006State v. Durr, 28,197 (La.App. 2d Cir.6/26/96), 677 So.2d 596 ; State v. English, 582 So.2d 1358 (La.App. 2d Cir. 1991), writ denied, 584 So.2d 1172 (La. 1991).	6	2001–2007
State v. Cooper green lactapp · 2018 2 sentences 2019App. 2 Cir. 11/08/18), 261 So.3d 975 ; State v. Martin, supra. An express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed. 2019App. 2 Cir. 11/08/18), 261 So.3d 975 ; State v. Martin, supra. An express and knowing waiver of those rights must appear on the record, and an unequivocal showing of a free and voluntary waiver cannot be presumed.	2	2019–2019
State v. Minniefield green lactapp · 2008 2 sentences 2011State v. Minniefield, 43,300, p. 3 (La.App. 2 Cir. 6/4/08), 986 So.2d 227, 230 . 2009State v. Minniefield, 43,300, p. 3 (La.App. 2 Cir. 6/4/08), 986 So.2d 227, 230 .	2	2009–2011
Holloway v. United States green scotus · 2000 2 sentences 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000). 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000).	2	2009–2009
Woods v. California green scotus · 2000 2 sentences 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000). 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000).	2	2009–2009
Lane v. National Data Corp. green scotus · 2000 2 sentences 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000). 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000).	2	2009–2009
State v. Lucky green la · 1999 2 sentences 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000). 2009LSA-R.S. 15:451; State v. Lucky, 96-1687, p. 26 (La.4/13/99), 755 So.2d 845, 855 , cert. denied, 529 U.S. 1023 , 120 S.Ct. 1429 , 146 L.Ed.2d 319 (2000).	2	2009–2009
State v. Terrick neutral la · 2004 2 sentences 2009Pursuant to the free and voluntary rule set forth in La.R.S. 15:451, before a purported confession can be introduced in evidence, the State must show “[t]hat it \|swas free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.” Also, as noted in State v. Terrick, 03-515, pp. 9-10 (La.App. 5 Cir. 9/30/03), 857 So.2d 1153, 1159 , writ denied, 03-3272 (La.3/26/04), 871 So.2d 346 , Before introducing a defendant’s statement into evidence, the state must show that the statement did not result from fear, duress, intimidation, menace, 2009Pursuant to the free and voluntary rule set forth in La.R.S. 15:451, before a purported confession can be introduced in evidence, the State must show "[t]hat it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises." Also, as noted in State v. Terrick, 03-515, pp. 9-10 (La.App. 5 Cir. 9/30/03), 857 So.2d 1153, 1159 , writ denied, 03-3272 (La.3/26/04), 871 So.2d 346 , Before introducing a defendant's statement into evidence, the state must show that the statement did not result from fear, duress, intimidation, menace, t	2	2009–2009
State v. Terrick green lactapp · 2003 2 sentences 2009Pursuant to the free and voluntary rule set forth in La.R.S. 15:451, before a purported confession can be introduced in evidence, the State must show “[t]hat it \|swas free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.” Also, as noted in State v. Terrick, 03-515, pp. 9-10 (La.App. 5 Cir. 9/30/03), 857 So.2d 1153, 1159 , writ denied, 03-3272 (La.3/26/04), 871 So.2d 346 , Before introducing a defendant’s statement into evidence, the state must show that the statement did not result from fear, duress, intimidation, menace, 2009Pursuant to the free and voluntary rule set forth in La.R.S. 15:451, before a purported confession can be introduced in evidence, the State must show "[t]hat it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises." Also, as noted in State v. Terrick, 03-515, pp. 9-10 (La.App. 5 Cir. 9/30/03), 857 So.2d 1153, 1159 , writ denied, 03-3272 (La.3/26/04), 871 So.2d 346 , Before introducing a defendant's statement into evidence, the state must show that the statement did not result from fear, duress, intimidation, menace, t	2	2009–2009
State v. Keener green lactapp · 2006 2 sentences 2008Boykin, supra; State v. Keener, 41,246 (La.App. 2d Cir.8/23/06), 939 So.2d 510 ; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). 2007Boykin, supra; State v. Keener, 41,246 (La.App. 2d Cir.8/23/06), 939 So.2d 510 ; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992). *313 In addition, LSA-C.Cr.P. art. 556.1 provides that prior to accepting a guilty plea, the court must personally inform defendant of the nature of the charge to which the plea is offered, any mandatory minimum penalty and the maximum possible penalty.	2	2007–2008
Commonwealth v. Selby green mass · 1995 2 sentences 2016We note that other jurisdictions have held that the use of false information by police during an interrogation is deceptive and a relevant factor indicating a possibility that the defendant’s statements were made involuntarily, Com. v. Monroe, 472 Mass. 461 , 35 N.E.3d 677 (2015); Commonwealth v. Selby, 420 Mass. 656 , 651 N.E.2d 843 (1995). 2016We note that other jurisdictions have held that the use of false information by police during an interrogation is deceptive and a relevant factor indicating a possibility that the defendant’s statements were made involuntarily, Com. v. Monroe, 472 Mass. 461 , 35 N.E.3d 677 (2015); Commonwealth v. Selby, 420 Mass. 656 , 651 N.E.2d 843 (1995).	1	2016–2016
Commonwealth v. Monroe green mass · 2015 2 sentences 2016We note that other jurisdictions have held that the use of false information by police during an interrogation is deceptive and a relevant factor indicating a possibility that the defendant’s statements were made involuntarily, Com. v. Monroe, 472 Mass. 461 , 35 N.E.3d 677 (2015); Commonwealth v. Selby, 420 Mass. 656 , 651 N.E.2d 843 (1995). 2016We note that other jurisdictions have held that the use of false information by police during an interrogation is deceptive and a relevant factor indicating a possibility that the defendant’s statements were made involuntarily, Com. v. Monroe, 472 Mass. 461 , 35 N.E.3d 677 (2015); Commonwealth v. Selby, 420 Mass. 656 , 651 N.E.2d 843 (1995).	1	2016–2016
State v. Myers neutral lactapp · 2008 1 sentence 2015State v. Myers, 43,-105 (La.App.2d Cir.3/19/08), 978 So.2d 595 ; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992).	1	2015–2015
State v. Lee green la · 1988 1 sentence 2012State v. Lee, supra; State v. Shipp, supra. Given the consistency of the state’s evidence at the hearing on the motion to suppress, the trial and the free-and-voluntary hearing, admitting the disciplinary report did not unduly prejudice Hardy. 2 This assignment lacks merit.	1	2012–2012
State v. Johnson green la · 1995 1 sentence 2009In State v. Nuccio, 454 So.2d 93, 104 (La. 1984), called into doubt on other grounds by State v. Johnson, 94, p. 15 (La.11/27/95), 664 So.2d 94, 101 , the Louisiana Supreme Court held that while a colloquy between the judge and defendant is the preferred method of proving a free and voluntary waiver of constitutional rights, the colloquy is not indispensable when the record contains some other affirmative showing of the waiver. *1142 Moreover, contrary to the defendant’s assertion that the plea was invalid because the trial judge failed to explain he could ask for a judge trial, the Louisiana	1	2009–2009
State v. Hicks neutral lactapp · 2007 1 sentence 2008State v. Kennedy, supra ; State v. Hicks, 42,427 (La.App. 2d Cir.10/24/07), 968 So.2d 307 .	1	2008–2008
State v. Vu neutral lactapp · 2003 1 sentence 2005Id.	1	2005–2005
State v. Longo green lactapp · 1990 1 sentence 2000Longo, 560 So.2d at 532 .	1	2000–2000
State v. Brew green lactapp · 1992 1 sentence 1999State v. Morrison, supra; State v. Nabors, supra; State v. Age, supra; State v. Brew, supra; See also State v. Arnold, 30,282 (La.App.2d Cir.1/21/98), 706 So.2d 578 (finding that a defendant who had specifically waived his right to a jury trial on his murder charges did not also waive his right to a jury trial on his firearm charge pursuant to an amended indictment).	1	1999–1999
State v. Nabors neutral lactapp · 1990 2 sentences 1999Id.; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992); State v. Age, 417 So.2d 1183 (La.1981); State v. Nabors, 569 So.2d 255 (La.App. 2d Cir.1990). 1999State v. Morrison, supra; State v. Nabors, supra; State v. Age, supra; State v. Brew, supra; See also State v. Arnold, 30,282 (La.App.2d Cir.1/21/98), 706 So.2d 578 (finding that a defendant who had specifically waived his right to a jury trial on his murder charges did not also waive his right to a jury trial on his firearm charge pursuant to an amended indictment).	1	1999–1999
State v. Age green la · 1982 2 sentences 1999State v. Morrison, supra; State v. Nabors, supra; State v. Age, supra; State v. Brew, supra; See also State v. Arnold, 30,282 (La.App.2d Cir.1/21/98), 706 So.2d 578 (finding that a defendant who had specifically waived his right to a jury trial on his murder charges did not also waive his right to a jury trial on his firearm charge pursuant to an amended indictment). 1999Id.; State v. Morrison, 599 So.2d 455 (La.App. 2d Cir.1992); State v. Age, 417 So.2d 1183 (La.1981); State v. Nabors, 569 So.2d 255 (La.App. 2d Cir.1990).	1	1999–1999
State v. Smith green lactapp · 1987 1 sentence 1992Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); State v. Nuccio, 454 So.2d 93 (La.1984); State v. Smith, 513 So.2d 544 (La.App.2d Cir.1987).	1	1992–1992
State v. Simmons green la · 1983	1	1989–1989
State v. Lambert green lactapp · 1987	1	1989–1989
State v. Benoit green la · 1983	1	1987–1987
State v. West green la · 1982	1	1987–1987
State v. Lewis green la · 1979	1	1985–1985
State v. Halsell green la · 1981	1	1984–1984

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:451 (13) LA § La. Rev. Stat. § 15:529.1 (10) LA § La. Rev. Stat. § 14:27 (7) LA § La. Rev. Stat. § 14:30.1 (6) LA § La. Rev. Stat. § 14:31 (6) LA § La. Rev. Stat. § 14:64 (6) LA § La. Rev. Stat. § 14:2 (5) LA § La. Rev. Stat. § 14:60 (4) LA § La. Rev. Stat. § 15:438 (4) LA § La. Rev. Stat. § 14:78.1 (3) LA § La. Rev. Stat. § 15:574.4 (3) LA § La. Rev. Stat. § 40:967 (3)

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.

Where else courts name it

LA 56 (1984–2025) GA 4 (1978–2001) FL 2 (1976–1980)

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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