remand for an evidentiary hearing (Louisiana) · Go Syfert
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remand for an evidentiary hearing in Louisiana

7 Louisiana opinions name it 2 courts 1985–2016 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 (2)

CaseFollowedCited
Batson v. Kentuckygreen
scotus · 1986 · cited in 1 Louisiana opinions naming this issue, 1992–1992
2 sentences

1992See Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986); State v. Young, 551 So.2d at 700 ; State v. Williams, 524 So.2d at 747 .

1992See Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986); State v. Young, 551 So.2d at 700 ; State v. Williams, 524 So.2d at 747 .

11
Magee v. Jefferson Rentalgreen
lactapp · 1984 · cited in 1 Louisiana opinions naming this issue, 1985–1985
1 sentence

1985See for comparison Magee v. Jefferson *502 Rental, 454 So.2d 842 (La.App. 5th Cir. 1984).

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 (8)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2016According to the record presently before this court, trial counsel failed to interview a number of witnesses who could support the defendant’s claim that another individual, Elbert Ratcliff, not relator, was actually the shooter. 1 With no witnesses to support that claim, trial counsel presented no evidence in the guilt phase, instead offering a purely argumentative defense and cross-examining some of the state’s witnesses. |gThe standard for effective assistance of counsel was set forth in the seminal case: Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2016According to the record presently before this court, trial counsel failed to interview a number of witnesses who could support the defendant’s claim that another individual, Elbert Ratcliff, not relator, was actually the shooter. 1 With no witnesses to support that claim, trial counsel presented no evidence in the guilt phase, instead offering a purely argumentative defense and cross-examining some of the state’s witnesses. |gThe standard for effective assistance of counsel was set forth in the seminal case: Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

12016–2016
State v. Dorignac green
la · 1999
1 sentence

2014Addressing a similar situation, in Dorignac, 747 So.2d 1110 , the supreme court found a discrepancy as to whether the defense requested a continuance warranted a remand for an evidentiary hearing.

12014–2014
State v. Manning green
la · 2004
1 sentence

2006Referring to the recently enacted La.Code Crim Proc. art. 905.5.1, we stated in a footnote that "in a significant departure from the procedures the Court established in Williams , the new legislation calls for the jury to make the determination of whether a defendant is exempt from capital punishment by reason of mental retardation." Id.

12006–2006
State v. Jacobs green
la · 2001
1 sentence

2001Rejecting that argument, the trial judge stated that he did not find a prima facie case supporting the objection and noted on the record that "he had been `satisfied on each of the [three] challenges that there was a racially neutral reason based upon the record and answers from the prospective jurors during voir dire examination.'" Jacobs , 99-0991 ( on reh'g ) at p. 1, 803 So.2d at 958 .

12001–2001
State v. Williams green
la · 1988
1 sentence

1992See Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986); State v. Young, 551 So.2d at 700 ; State v. Williams, 524 So.2d at 747 .

11992–1992
State v. Young green
lactapp · 1989
1 sentence

1992See Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986); State v. Young, 551 So.2d at 700 ; State v. Williams, 524 So.2d at 747 .

11992–1992
Fleishmann v. Fleishmann green
lactapp · 1989
1 sentence

1990This child support case is again before us on appeal, following a remand for an evidentiary hearing we ordered on the previous appeal, Fleishmann v. Fleishmann, 538 So.2d 306 (La.App. 5 Cir.1989).

11990–1990
Lambert v. Kelley green
la · 1972
1 sentence

1985Appellant relies on Lambert v. Kelley, 270 So.2d 532 (La. 1972) but does not present facts which would support that result or that may support a remand for an evidentiary hearing.

11985–1985

Where else courts name it

PA 80 (1977–2026) MI 53 (1979–2026) NM 10 (1992–2022) LA 7 (1985–2016) CO 7 (1996–2026) NJ 7 (1974–2025) KS 6 (2017–2026) WI 5 (2003–2024) MO 5 (1988–2011) OH 4 (2002–2005) FL 4 (1982–2016) MN 4 (1998–2016) WA 3 (1990–2002) GA 3 (1992–2016) IL 3 (1972–2022) DC 3 (1978–2016) AL 2 (1994–2001) KY 2 (1998–2001) WY 2 (2000–2005) UT 2 (2019–2020) OR 2 (2014–2016) NY 2 (1983–2016) AZ 2 (2016–2020)

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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