twenty-four-hour delay error (Louisiana) · Go Syfert
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twenty-four-hour delay error in Louisiana

7 Louisiana opinions name it 1 courts 1985–2025 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 (4)

CaseFollowedCited
State v. Dauzatgreen
lactapp · 1991 · cited in 1 Louisiana opinions naming this issue, 2008–2008
1 sentence

2008See State v. Dauzat, 590 So.2d 768 (La.App. 3 Cir. 1991), writ denied, 598 So.2d 355 (La.1992)." We find that although the trial court failed to observe the delay provided for in Article 873, the defendant failed to object to the trial court's failure, and was fully prepared to participate at the sentencing hearing of that day.

11
State v. Dauzatgreen
la · 1992 · cited in 1 Louisiana opinions naming this issue, 2008–2008
1 sentence

2008See State v. Dauzat, 590 So.2d 768 (La.App. 3 Cir. 1991), writ denied, 598 So.2d 355 (La.1992)." We find that although the trial court failed to observe the delay provided for in Article 873, the defendant failed to object to the trial court's failure, and was fully prepared to participate at the sentencing hearing of that day.

11
State v. Bellgreen
la · 1979 · cited in 1 Louisiana opinions naming this issue, 1985–1985
1 sentence

1985See State v. Bell, 377 So.2d 275 (La.1979); State v. Hopkins, 351 So.2d 474 (La.1977).

11
State v. Whitegreen
la · 1981 · cited in 1 Louisiana opinions naming this issue, 1985–1985
1 sentence

1985See State v. White, 404 So.2d 1202 (La.1981).

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 (7)

CaseCitedYears
State v. Celestine green
lactapp · 2002
2 sentences

2025State v Celestine, 2000-2713, p. 5 (La. 2 App. 4 Cir. 2/13/02), 811 So.2d 44, 47 .

2015See State v. Celestine, 00-2713 (La.App. 4 Cir. 2/13/02) ; 811 So.2d 44 .

32013–2025
State v. Schmidt green
lactapp · 2000
1 sentence

2014Thus, this court found |7that the defendant implicitly waived the twenty-four-hour delay when defense counsel responded affirmatively to the trial court’s question, “ ‘[I]s your client prepared for sentencing?,’ ” and defense counsel failed “to lodge a contemporaneous objection when the trial court proceeded with sentencing.” Id. at 160 .

12014–2014
State v. Giles green
lactapp · 2004
1 sentence

2014In Giles, 884 So.2d 1233 , there was no objection when sentencing was taken up immediately after the denial of the motion for post-verdict judgment of acquittal and motion for new trial.

12014–2014
State v. Bishop neutral
lactapp · 1999
1 sentence

2008Additionally, in State v. Bishop, 98-1147, p. 4 (La.App. 3 Cir. 2/3/99), 734 So.2d 674, 676 , writ denied, 99-2499 (La. 2/11/00), 754 So.2d 932 , this court held, "Although the trial court's failure to observe the twenty-four-hour delay is an error patent, we will generally not reverse the sentence unless the defendant demonstrates prejudice.

12008–2008
State v. Bishop neutral
la · 2000
1 sentence

2008Additionally, in State v. Bishop, 98-1147, p. 4 (La.App. 3 Cir. 2/3/99), 734 So.2d 674, 676 , writ denied, 99-2499 (La. 2/11/00), 754 So.2d 932 , this court held, "Although the trial court's failure to observe the twenty-four-hour delay is an error patent, we will generally not reverse the sentence unless the defendant demonstrates prejudice.

12008–2008
State v. Collins green
lactapp · 1991
1 sentence

1998However, in State v. Collins, 584 So.2d 356 (La.App. 4 Cir.1991), this Court held that the failure to observe the delay would be deemed harmless error where the defendant did not challenge his sentence on appeal and did not raise as error the failure of the trial court to comply with the twenty-four hour delay requirement.

11998–1998
State v. Hopkins green
la · 1977
1 sentence

1985See State v. Bell, 377 So.2d 275 (La.1979); State v. Hopkins, 351 So.2d 474 (La.1977).

11985–1985

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:10 (3) LA § La. Rev. Stat. § 15:438 (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.

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