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6 Louisiana opinions name it 2 courts 1978–2005 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.
| Case | Followed | Cited |
|---|---|---|
State in Interest of Dinogreen2 sentences2005In State in the Interest Of Dino, 359 So.2d 586, 594 (La.1978), a prophylactic rule required that “the juvenile actually consulted with an attorney or an adult before waiver, that the attorney or adult consulted was interested in the welfare of the juvenile, or that, if an adult other than an attorney was consulted, the adult was fully advised of the rights of the juvenile.” Reversing Dino, the supreme court in State v. Fernandez, 96-2719 (La.04/14/98), 712 So.2d 485, 487-489 , stated: The confession of an accused of any age is valid only if it was given knowingly and voluntarily. 1999The Louisiana Supreme Court detailed the requirements for validly obtaining a statement from a juvenile as: ... the purported waiver by a juvenile must be adjudged ineffective upon the failure by the State to establish any of three prerequisites to waiver, viz., that the juvenile actually consulted with an attorney or an adult before waiver, that the attorney or adult consulted was interested in the welfare of the juvenile, or *727 that, if an adult other than an attorney was consulted, the adult was fully advised of the rights of the juvenile. 359 So.2d at 594 . | 1 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Fernandez
green
1 sentence2005In State in the Interest Of Dino, 359 So.2d 586, 594 (La.1978), a prophylactic rule required that “the juvenile actually consulted with an attorney or an adult before waiver, that the attorney or adult consulted was interested in the welfare of the juvenile, or that, if an adult other than an attorney was consulted, the adult was fully advised of the rights of the juvenile.” Reversing Dino, the supreme court in State v. Fernandez, 96-2719 (La.04/14/98), 712 So.2d 485, 487-489 , stated: The confession of an accused of any age is valid only if it was given knowingly and voluntarily. | 1 | 2005–2005 |
Gates v. California
green
1 sentence1998While being booked, Lane stated to the officer, "All I did was top her in the bathtub." The officer replied, "What do you mean by topping her ... did you have sex with her?" The defendant responded, "Yes." This court concluded that the officer's question was merely intended for clarification of a voluntary statement, as opposed to interrogation. [3] The prerequisites ordained by the Dino decision were that "the juvenile actually consulted with an attorney or an adult before waiver, that the attorney or adult consulted was interested in the welfare of the juvenile, or that, if an adult other th | 1 | 1998–1998 |
Louis West v. United States
green
1 sentence1998While being booked, Lane stated to the officer, "All I did was top her in the bathtub." The officer replied, "What do you mean by topping her ... did you have sex with her?" The defendant responded, "Yes." This court concluded that the officer's question was merely intended for clarification of a voluntary statement, as opposed to interrogation. [3] The prerequisites ordained by the Dino decision were that "the juvenile actually consulted with an attorney or an adult before waiver, that the attorney or adult consulted was interested in the welfare of the juvenile, or that, if an adult other th | 1 | 1998–1998 |