marital privilege (Louisiana) · Go Syfert
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marital privilege in Louisiana

7 Louisiana opinions name it 1 courts 2014–2024 4 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 (2)

CaseFollowedCited
Tannehill v. Tannehillgreen
la · 1972 · cited in 1 Louisiana opinions naming this issue, 2020–2020
2 sentences

2020However, the need to protect innocent children from those consequences, combined with the difficulty of proving paternity, resulted in strict application of the marital presumption.36 See, e.g., Tannehill v. Tannehill, 261 So.2d 619, 623 (La. 1972).

2020See T.D. v. M.M.M., 730 So.2d at 880; Tannehill, 261 So.2d at 622 (presumption of paternity did not arise when the child was born before the 180th day of the marriage, when the child was born more than 300 days after dissolution of the marriage or judgment of separation, or when the husband was so remote from the wife that cohabitation was physically impossible). 36 The marital presumption was also intended to recognize and protect biological fact by placing the presumption of paternity on the man most likely to be the biological father of a child and eliminating the need for case-by-case dete

11
Td v. Mmmred
la · 1999 · cited in 1 Louisiana opinions naming this issue, 2020–2020
1 sentence

2020See T.D. v. M.M.M., 730 So.2d at 880; Tannehill, 261 So.2d at 622 (presumption of paternity did not arise when the child was born before the 180th day of the marriage, when the child was born more than 300 days after dissolution of the marriage or judgment of separation, or when the husband was so remote from the wife that cohabitation was physically impossible). 36 The marital presumption was also intended to recognize and protect biological fact by placing the presumption of paternity on the man most likely to be the biological father of a child and eliminating the need for case-by-case dete

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 (5)

CaseCitedYears
Crawford v. Washington green
scotus · 2004
2 sentences

2024In support of this argument, the defendant relies on United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), wherein the Court held that the admission of a recorded statement given to police by the defendant’s wife violated the defendant’s right under the Confrontation Clause because the statement was hearsay, because it was testimonial in nature, and because his wife did not testify at trial due to the state’s marital privilege.

2024In support of this argument, the defendant relies on United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), wherein the Court held that the admission of a recorded statement given to police by the defendant’s wife violated the defendant’s right under the Confrontation Clause because the statement was hearsay, because it was testimonial in nature, and because his wife did not testify at trial due to the state’s marital privilege.

62014–2024
Matter of Succession of Robins green
la · 1977
1 sentence

2020Succession of Robins, 349 So.2d at 279 .

12020–2020
Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. green
scotus · 1951
1 sentence

2014Cruz v. New York, 481 U.S. 186, 189 , 107 S.Ct. 1714 , 95 L.Ed.2d 162 (1987); State v. Collins, 10-0757, p. 22 (La.App. 4 Cir. 5/11/11), 65 So.3d 271, 286 . |12In support of this argument, the defendant relies on United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), wherein the Court held that the admission of a recorded statement given to police by the defendant’s wife violated the defendant’s right under the Confrontation Clause because the statement was hearsay, because it was testimonial in nature, and because his wife did

12014–2014
Cruz v. New York green
scotus · 1987
2 sentences

2014Cruz v. New York, 481 U.S. 186, 189 , 107 S.Ct. 1714 , 95 L.Ed.2d 162 (1987); State v. Collins, 10-0757, p. 22 (La.App. 4 Cir. 5/11/11), 65 So.3d 271, 286 . |12In support of this argument, the defendant relies on United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), wherein the Court held that the admission of a recorded statement given to police by the defendant’s wife violated the defendant’s right under the Confrontation Clause because the statement was hearsay, because it was testimonial in nature, and because his wife did

2014Cruz v. New York, 481 U.S. 186, 189 , 107 S.Ct. 1714 , 95 L.Ed.2d 162 (1987); State v. Collins, 10-0757, p. 22 (La.App. 4 Cir. 5/11/11), 65 So.3d 271, 286 . |12In support of this argument, the defendant relies on United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), wherein the Court held that the admission of a recorded statement given to police by the defendant’s wife violated the defendant’s right under the Confrontation Clause because the statement was hearsay, because it was testimonial in nature, and because his wife did

12014–2014
State v. Collins green
lactapp · 2011
1 sentence

2014Cruz v. New York, 481 U.S. 186, 189 , 107 S.Ct. 1714 , 95 L.Ed.2d 162 (1987); State v. Collins, 10-0757, p. 22 (La.App. 4 Cir. 5/11/11), 65 So.3d 271, 286 . |12In support of this argument, the defendant relies on United States Supreme Court’s decision in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), wherein the Court held that the admission of a recorded statement given to police by the defendant’s wife violated the defendant’s right under the Confrontation Clause because the statement was hearsay, because it was testimonial in nature, and because his wife did

12014–2014

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:27 (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

CA 163 (1956–2026) NY 131 (1975–2025) NJ 71 (1967–2026) IL 57 (1979–2024) FL 45 (1976–2018) OH 40 (1985–2023) AL 38 (1978–2026) MN 34 (1961–2025) UT 34 (1995–2025) TN 27 (1978–2015) GA 24 (1983–2024) WA 23 (1953–2018) MO 23 (1979–2024) CO 22 (1981–2026) NC 20 (1995–2025) IN 20 (1975–2026) PA 20 (1935–2025) AZ 19 (1974–2018) WI 18 (1967–2024) TX 17 (1972–2022) MI 15 (1965–2023) MA 15 (1980–2025) DC 15 (1976–2015) CT 12 (1995–2023) KY 11 (1988–2022) MD 11 (1996–2021) VT 11 (1988–2026) VA 10 (1996–2016) KS 10 (1977–2023) OR 9 (1972–2023) IA 8 (1978–2025) ME 7 (1971–2022) LA 7 (2014–2024) WY 7 (1978–2008) OK 6 (1999–2006) NV 6 (1980–2020) NH 6 (1989–2006) MS 6 (2000–2025) AK 5 (1980–2018) ID 5 (1925–2009) RI 5 (1998–2017) NM 5 (2003–2022) SC 4 (2005–2018) HI 4 (2003–2026) ND 4 (1993–1997) WV 3 (1987–2018) SD 3 (1986–2003) VI 3 (1997–2025) MT 2 (1981–2021) DE 2 (1994–2018)

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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