50 Louisiana opinions name it 2 courts 1976–2021 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.
| Case | Followed | Cited |
|---|---|---|
State v. Jonesgreen2 sentences2005We stated in McElroy, 553 So.2d at 458 n. 1: Should there be no predominant evidence of "careful adherence to strict procedures in administering intoxication tests," State v. Jones, [ 316 So.2d 100, 105 (La.1975)], or in the event that a defendant takes issue with the qualifications of a technician, the quality of the testing machine, or the maintenance of the equipment, and so forth, the court, in the interest of due process and fairness, may well be entitled to bar the evidence. 1993The state may therefore "endeavor to prove that a defendant was guilty of driving while intoxicated, and, in the process, attempt to use all admissible evidence, including the hospital record, the testimony of the technologist performing the blood alcohol test, and expert testimony concerning the likely effect upon an individual of a given blood alcohol level." State v. McElroy, supra, 553 So.2d at 458 ; see also State v. Jones, 316 So.2d 100, 105 (La.1975). | 4 | 4 |
State v. McElroygreen2 sentences1993The state may therefore "endeavor to prove that a defendant was guilty of driving while intoxicated, and, in the process, attempt to use all admissible evidence, including the hospital record, the testimony of the technologist performing the blood alcohol test, and expert testimony concerning the likely effect upon an individual of a given blood alcohol level." State v. McElroy, supra, 553 So.2d at 458 ; see also State v. Jones, 316 So.2d 100, 105 (La.1975). 1993The state must, however, demonstrate that "the reliability of the blood alcohol test satisfies due process and fairness." State v. Honeyman, supra, 560 So.2d at 829 ; State v. McElroy, supra, 553 So.2d at 458, n. 1 . | 2 | 4 |
State v. Spencegreen2 sentences1987In State v. Spence, 418 So.2d 583 (La.1982), the court held that, while a defendant has a right to consult a lawyer, he does not have a right to wait to take a blood alcohol test until after he has consulted an attorney. 1987The majority misinterprets State v. Spence, 418 So.2d 583 (La.1982), as though Spence stands for the holding that "he does not have a right to wait to take a blood alcohol test until after he has consulted an attorney." Spence actually holds: "It [clause in form pertaining to right to counsel] merely informs a person that he cannot delay taking the test until he has consulted a lawyer, without incurring the risk that he will lose his license." (Emphasis added.) The majority further errs by stating that this procedure is now codified in LSA-R.S. 32:661(A). | 2 | 3 |
Wells v. State Farm Mut. Auto. Ins. Co.green2 sentences1999However, the State did not offer the testimony of Dr. McKenzie for this purpose, who did not testify at trial. ...absent the medical records exception, proponents of a blood alcohol test result are required to lay a proper foundation, which foundation relates not only to the chain of custody, but also to the integrity and reliability of the chemical test.... in Wells v. State Farm Mutual Automobile Insurance Co., 573 So.2d 223, 227 (La.App. 1st Cir.1990), the court stated that "[t]he requirements for the introduction of a blood test analysis are very stringent; the party seeking to introduce s 1995For example, in Wells v. State Farm Mutual Automobile Insurance Co., 573 So.2d 223, 227 (La.App. 1st Cir.1990), the court stated that "[t]he requirements for the introduction of a blood test analysis are very stringent; the party seeking to introduce such evidence must first lay a proper foundation for its admission." Pearce v. Gunter, 238 So.2d 534 (La.App. 3d Cir.1970). | 2 | 2 |
Judd v. State, Dept. of Transp. and Developmentgreen2 sentences2004In Judd v. State, Department of Transportation and Development, 95-1052 (La.11/27/95), 663 So.2d 690 , the Louisiana Supreme Court stated that "`[c]ourts and commentators alike generally consider medical records, including records reflecting a patient's [blood alcohol concentration] BAC, to be inherently reliable because medical personnel rely on the information in those records in making life and death decisions.'" 95-1052, p. 6, 663 So.2d at 694 , quoting Raymond P. Ward, Admissibility Under Louisiana Law of the Results of Chemical Tests of a Person's Blood Alcohol Concentration, 35 Loy. 2004In Judd v. State, Department of Transportation and Development, 95-1052 (La.11/27/95), 663 So.2d 690 , the Louisiana Supreme Court stated that "`[c]ourts and commentators alike generally consider medical records, including records reflecting a patient's [blood alcohol concentration] BAC, to be inherently reliable because medical personnel rely on the information in those records in making life and death decisions.'" 95-1052, p. 6, 663 So.2d at 694 , quoting Raymond P. Ward, Admissibility Under Louisiana Law of the Results of Chemical Tests of a Person's Blood Alcohol Concentration, 35 Loy. | 1 | 5 |
State v. Greengreen1 sentence2009In State v. Green, 418 So.2d 609, 613 (La. 1982), the supreme court noted that one of the important factors in direct analysis of specimens of blood is protecting the blood from contamination from time of taking, during transportation to the chemist, and at the time of analysis. | 1 | 1 |
| Newman v. Department of Firegreen | 1 | 1 |
| State v. Ristomgreen | 1 | 1 |
| Pieters v. B-Right Trucking, Inc.green | 1 | 1 |
| Johnson v. Robert's Hawaii Tour, Inc.green | 1 | 1 |
| McCall v. Parkergreen | 1 | 1 |
| Commonwealth v. Kravontkagreen | 1 | 1 |
| State v. Broussardgreen | 1 | 1 |
| State v. Breedgreen | 1 | 1 |
| Holmes v. Christophergreen | 1 | 1 |
| Brown v. Holmesgreen | 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. Rowell
green
2 sentences1995Plaintiffs' primary complaint, relying on State v. Rowell, 517 So.2d 799 (La. 1988) and Socorro v. City of New Orleans, 579 So.2d 931 (La.1991), is that defendants failed to establish an adequate chain of custody [3] for the introduction into evidence of the blood alcohol test result. 1992Gore argues on appeal that: (1) the trial court erred in finding that the city of Pineville, his employer, proved that he was intoxicated at the time of his work accident, and that his intoxication caused his injuries; (2) Pineville failed to lay a foundation for the admission of the blood test results; and, (3) before the trial court should have considered the blood alcohol test results, it was incumbent upon Pineville to prove beyond a reasonable doubt that the blood testing protocol established in State v. Rowell, 517 So.2d 799 (La.1988), was met. | 10 | 1989–1995 |
Pearce v. Gunter
green
2 sentences1999However, the State did not offer the testimony of Dr. McKenzie for this purpose, who did not testify at trial. ...absent the medical records exception, proponents of a blood alcohol test result are required to lay a proper foundation, which foundation relates not only to the chain of custody, but also to the integrity and reliability of the chemical test.... in Wells v. State Farm Mutual Automobile Insurance Co., 573 So.2d 223, 227 (La.App. 1st Cir.1990), the court stated that "[t]he requirements for the introduction of a blood test analysis are very stringent; the party seeking to introduce s 1995For example, in Wells v. State Farm Mutual Automobile Insurance Co., 573 So.2d 223, 227 (La.App. 1st Cir.1990), the court stated that "[t]he requirements for the introduction of a blood test analysis are very stringent; the party seeking to introduce such evidence must first lay a proper foundation for its admission." Pearce v. Gunter, 238 So.2d 534 (La.App. 3d Cir.1970). | 3 | 1992–1999 |
Bufkin v. Mid-American Indem. Co.
green
2 sentences1991In Bufkin, supra, the plaintiffs argued that a proper foundation for admitting the results of a blood alcohol test had not been laid where the person who drew the blood sample did not testify. 1989Cf Bufkin v. Mid-American Indemnity Company, 528 So.2d 589 (La.App. 2nd Cir.1988); Richardson v. Continental Insurance Company, 468 So.2d 675 (La.App. 3rd Cir.1985), writ denied, 474 So.2d 1304 (La.1985); Holmes v. Christopher, 435 So.2d 1022 (La.App. 4th Cir.1983), writs denied, 440 So.2d 723, 724, 765 (La.1983); Lapoint v. Breaux, supra. A thorough review of the record in the instant case shows that the chain of evidence did not satisfy the minimum requirements under the law and that the blood-alcohol analysis results were improperly admitted. | 3 | 1989–1991 |
State v. Honeyman
green
2 sentences2005However, the results may be admissible, not as a presumption of intoxication, but as other evidence of intoxication if done in compliance with State v. Honeyman, 560 So.2d 825 (La.1990). 1993The state must, however, demonstrate that "the reliability of the blood alcohol test satisfies due process and fairness." State v. Honeyman, supra, 560 So.2d at 829 ; State v. McElroy, supra, 553 So.2d at 458, n. 1 . | 2 | 1993–2005 |
Culp v. Department of Public Safety
neutral
2 sentences2004Culp v. Department of Public Safety, 288 So.2d 680 (La.App. 4th Cir.1974); Gardner v. State, Department of Public Safety, 198 So.2d 184 (La.App. 3rd Cir.1967). 1976Culp v. Department of Public Safety, 288 So.2d 680 (La.App.4th Cir. 1974); Gardner v. State, Department of Public Safety, 198 So.2d 184 (La.App.3rd Cir. 1967). | 2 | 1976–2004 |
Gardner v. State, Department of Public Safety
green
2 sentences2004Culp v. Department of Public Safety, 288 So.2d 680 (La.App. 4th Cir.1974); Gardner v. State, Department of Public Safety, 198 So.2d 184 (La.App. 3rd Cir.1967). 1976Culp v. Department of Public Safety, 288 So.2d 680 (La.App.4th Cir. 1974); Gardner v. State, Department of Public Safety, 198 So.2d 184 (La.App.3rd Cir. 1967). | 2 | 1976–2004 |
Socorro v. City of New Orleans
green
2 sentences1995Plaintiffs' primary complaint, relying on State v. Rowell, 517 So.2d 799 (La. 1988) and Socorro v. City of New Orleans, 579 So.2d 931 (La.1991), is that defendants failed to establish an adequate chain of custody [3] for the introduction into evidence of the blood alcohol test result. 1992As additional support of his position, Gore urges that the Louisiana Supreme Court’s decision in Socorro v. City of New Orleans, 579 So.2d 931 (La.1991), extends Rowell’s standards to civil proceedings. | 2 | 1992–1995 |
State v. Tanner
green
2 sentences1990The trial court erroneously denied defendant’s motion to suppress the blood alcohol test results which had not been conducted in accordance with the guidelines mandated in State v. Rowell, 517 So.2d 799 (La.1988), and State v. Tanner, 457 So.2d 1172 (La.1984). 1989He also complained that this Court's decisions in State v. Tanner, 457 So.2d 1172 (La.1984) and State v. Rowell, 517 So.2d 799 (La. 1988) were offended by the admission of a blood alcohol test result obtained in the absence of compliance with Department of Public Safety standards for blood alcohol test accuracy, including operator certification and equipment maintenance. | 2 | 1989–1990 |
State v. Williams
green
2 sentences1989In support of this argument, defendant cites State v. Williams, 354 So.2d 152 (La.1977) and Whittington v. American Oil Co., 508 So.2d 180 (La.App. 4th Cir.1987). 1988La.R.S. 15:432; State v. Williams, 354 So.2d 152 (La.1977). | 2 | 1988–1989 |
State v. Singer
green
2 sentences1987State v. Singer, 457 So.2d 690 (La.App. 4th Cir. 1984), writ denied, 458 So.2d 465 (La.1984). 1986Citing State v. Singer, 457 So.2d 690 (La.App. 4th Cir.), writ denied, 458 So.2d 465 (La.1984), he argues that suppression of the test results is mandated because he was not advised of the consequences which would result from a test reading of .10 percent or above. | 2 | 1986–1987 |
State v. Singer
green
2 sentences1987State v. Singer, 457 So.2d 690 (La.App. 4th Cir. 1984), writ denied, 458 So.2d 465 (La.1984). 1986Citing State v. Singer, 457 So.2d 690 (La.App. 4th Cir.), writ denied, 458 So.2d 465 (La.1984), he argues that suppression of the test results is mandated because he was not advised of the consequences which would result from a test reading of .10 percent or above. | 2 | 1986–1987 |
South Dakota v. Neville
green
2 sentences1986The court there held that "a refusal to take a blood-alcohol test, after a police officer has lawfully requested it, is not an act coerced by the officer, and thus is not protected by the privilege against self-incrimination." 103 S.Ct. at 923 . 1986The court there held that “a refusal to take a blood-alcohol test, after a police officer has lawfully requested it, is not an act coerced by the officer, and thus is not protected by the privilege against self-incrimination.” 103 S.Ct. at 923 . | 2 | 1986–1986 |
State v. Trahan
green
1 sentence2021The prosecutor 3 In Trahan, supra, the Louisiana Supreme Court affirmed the trial court’s decision to exclude the results of a blood alcohol test on the defendant which were contained in the state’s crime lab report. | 1 | 2021–2021 |
Birchfield v. N. Dakota. William Robert Bernard
green
2 sentences2021North Dakota, 136 S. Ct. 2160 , 195 L. 2021North Dakota, 136 S. Ct. 2160 , 195 L. | 1 | 2021–2021 |
State v. Watts
green
1 sentence2018In State v. Watts , 14-429 (La.App. 1 Cir. 11/21/14) , 168 So.3d 441 , writ denied , 15-146 (La. 11/20/15), 180 So.3d 315 , the defendant argued that the trial court erred in ruling he lawfully submitted to a blood alcohol test. | 1 | 2018–2018 |
State v. Miorana
neutral
1 sentence2018In State v. Watts , 14-429 (La.App. 1 Cir. 11/21/14) , 168 So.3d 441 , writ denied , 15-146 (La. 11/20/15), 180 So.3d 315 , the defendant argued that the trial court erred in ruling he lawfully submitted to a blood alcohol test. | 1 | 2018–2018 |
State v. Sherer
green
1 sentence2011State v. Sherer, 354 So.2d at 1041-42 . | 1 | 2011–2011 |
State v. Shirley
neutral
1 sentence2009State v. Shirley, 08-2106 (La.11/26/08), 997 So.2d 540 . | 1 | 2009–2009 |
State v. Busby
green
1 sentence2009App. 3 Cir. 2/2/05), 893 So.2d 161 , to support his contention that the failure to follow protocol renders the results of a blood alcohol test inadmissible. | 1 | 2009–2009 |
State v. McGuire
green
1 sentence2001McGuire, 493 So.2d at 562 . | 1 | 2001–2001 |
Owens v. Concordia Elec. Co-Op., Inc.
green
1 sentence1999Co-op, Inc., 95-1255 (La.App. 3 Cir. 6/25/97) ; 699 So.2d 434 , writs denied, 97-2698 (La.1/9/98); 705 So.2d 1113 and 97-2728, 97-2736 (La.1/9/98); 705 So.2d 1120 , defendants filed a motion in limine to admit the results of a driver's blood alcohol test. | 1 | 1999–1999 |
Owens v. Concordia Electric Cooperative, Inc.
green
1 sentence1999Co-op, Inc., 95-1255 (La.App. 3 Cir. 6/25/97) ; 699 So.2d 434 , writs denied, 97-2698 (La.1/9/98); 705 So.2d 1113 and 97-2728, 97-2736 (La.1/9/98); 705 So.2d 1120 , defendants filed a motion in limine to admit the results of a driver's blood alcohol test. | 1 | 1999–1999 |
Caronia v. McKenzie's Pastry Shoppes
green
1 sentence1999Co-op, Inc., 95-1255 (La.App. 3 Cir. 6/25/97) ; 699 So.2d 434 , writs denied, 97-2698 (La.1/9/98); 705 So.2d 1113 and 97-2728, 97-2736 (La.1/9/98); 705 So.2d 1120 , defendants filed a motion in limine to admit the results of a driver's blood alcohol test. | 1 | 1999–1999 |
| Montegue v. New Orleans Fire Dept. green | 1 | 1997–1997 |
| In re Fontenot neutral | 1 | 1997–1997 |
Montegue v. City of New Orleans Fire Dept.
green
1 sentence1997Sufficiency of the evidence Generally, an appointing authority seeking to discipline a civil service employee carries the burden of demonstrating, by a preponderance of the evidence, that the conduct of the person disciplined "did in fact impair the efficiency and orderly operation of the public service." Newman v. Department of Fire, 425 So.2d 753, 754 (La.1983); Montegue v. City of New Orleans Fire Department, 95-2166 (La.App. 4th Cir. 5/29/96), 675 So.2d 810 , writ denied, 96-1707 (La.10/4/96), 679 So.2d 1389 . | 1 | 1997–1997 |
| Tennant v. Roys green | 1 | 1995–1995 |
| Cyr v. Hurd green | 1 | 1995–1995 |
| Ortego v. Roy Motors, Inc. neutral | 1 | 1994–1994 |
| State v. Perkins neutral | 1 | 1993–1993 |
| Ortego v. Plumbar green | 1 | 1992–1992 |
| Pearce ex rel. Livestock Sanitary Board v. Gunter green | 1 | 1992–1992 |
| State v. Buu Dinh Tran green | 1 | 1992–1992 |
| State v. Frederick neutral | 1 | 1992–1992 |
| State v. Langlois neutral | 1 | 1992–1992 |
| Watson v. CHURCH'S FRIED CHICKEN INC. green | 1 | 1991–1991 |
| Watson v. Church's Fried Chicken, Inc. green | 1 | 1991–1991 |
| Prince v. Travelers Ins. Co. green | 1 | 1991–1991 |
| Succession of Lewis neutral | 1 | 1991–1991 |
| McLaughlin v. Fireman's Fund Insurance Co. neutral | 1 | 1991–1991 |
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.