conviction was obtained violation (Louisiana) · Go Syfert
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conviction was obtained violation in Louisiana

6 Louisiana opinions name it 2 courts 1992–2017 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
State v. Ortizgreen
la · 2013 · cited in 1 Louisiana opinions naming this issue, 2017–2017
1 sentence

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

11
James Flowers v. Frank Blackburn, Warden, Louisiana State Penitentiary, Angola, Respondentgreen
ca5 · 1986 · cited in 1 Louisiana opinions naming this issue, 1999–1999
1 sentence

1999The defendant cites Flowers v. Blackburn, 779 F.2d 1115, 1118 (5 th Cir.1986), cert. denied, 475 U.S. 1132 , 106 S.Ct. 1661 , 90 L.Ed.2d 204 (1986), but in that case the State did not raise the issue of the procedural bar.

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 (18)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
2 sentences

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

21997–2017
State v. Kendrick neutral
la · 1998
1 sentence

2017Likewise, this court has stated, “the ... assignment, involving prosecutorial mis conduct, should properly be raised in an application for post-conviction relief.” State v. Kendrick,, 96-1636, p. 18 (La.App. 3 Cir. 6/25/97), 699 So.2d 424, 434 , writ denied, 98-2159 (La. 12/18/98), 731 So.2d 280 .

12017–2017
Ortiz v. Louisiana neutral
scotus · 2013
2 sentences

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

12017–2017
State v. Kendrick neutral
lactapp · 1997
1 sentence

2017Likewise, this court has stated, “the ... assignment, involving prosecutorial mis conduct, should properly be raised in an application for post-conviction relief.” State v. Kendrick,, 96-1636, p. 18 (La.App. 3 Cir. 6/25/97), 699 So.2d 424, 434 , writ denied, 98-2159 (La. 12/18/98), 731 So.2d 280 .

12017–2017
Smith v. Phillips green
scotus · 1982
2 sentences

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

2017Louisiana Code of Criminal Procedure Article 930.3 provides, in pertinent part: If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds: (1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana!/] In State v. Ortiz, 11-2799, p. 7 (La. 1/29/13), 110 So.3d 1029, 1034, cert. denied, — U.S. —, 134 S.Ct. 174 , 187 L.Ed.2d 42 (2013), the supreme court stated: Grounds for post-conviction relief in Louisiana are primarily restricted to constitutional or jurisdictional viol

12017–2017
State v. Johnson green
la · 1981
1 sentence

2014State v. Johnson, 406 So.2d 569 (La.1981); State v. Rhea, 04-0091 (La.App. 4 Cir. 5/19/04) , 876 So.2d 131 .

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

2014State v. Johnson, 406 So.2d 569 (La.1981); State v. Rhea, 04-0091 (La.App. 4 Cir. 5/19/04) , 876 So.2d 131 .

12014–2014
Strickland v. Washington green
scotus · 1984
2 sentences

2007A complaint about the sentence received, as opposed to the fact of conviction, is not a proper ground for post-conviction relief under Article 930.8 and Melinie, supra. Furthermore, we note that a claim of ineffective assistance of counsel is analyzed under the two-prong test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2007A complaint about the sentence received, as opposed to the fact of conviction, is not a proper ground for post-conviction relief under Article 930.8 and Melinie, supra. Furthermore, we note that a claim of ineffective assistance of counsel is analyzed under the two-prong test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

12007–2007
State Ex Rel. Melinie v. State green
la · 1996
1 sentence

2007A complaint about the sentence received, as opposed to the fact of conviction, is not a proper ground for post-conviction relief under Article 930.8 and Melinie, supra. Furthermore, we note that a claim of ineffective assistance of counsel is analyzed under the two-prong test of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

12007–2007
Blackburn v. Flowers green
scotus · 1986
2 sentences

1999The defendant cites Flowers v. Blackburn, 779 F.2d 1115, 1118 (5 th Cir.1986), cert. denied, 475 U.S. 1132 , 106 S.Ct. 1661 , 90 L.Ed.2d 204 (1986), but in that case the State did not raise the issue of the procedural bar.

1999The defendant cites Flowers v. Blackburn, 779 F.2d 1115, 1118 (5 th Cir.1986), cert. denied, 475 U.S. 1132 , 106 S.Ct. 1661 , 90 L.Ed.2d 204 (1986), but in that case the State did not raise the issue of the procedural bar.

11999–1999
Perry v. Louisiana green
scotus · 1990
2 sentences

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992
Arcadia v. Ohio Power Co. green
scotus · 1991
2 sentences

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992
State v. Perry green
la · 1991
1 sentence

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992
Ford v. Wainwright green
scotus · 1986
2 sentences

1992We note that this procedure satisfies the procedural due process requirements outlined in Ford v. Wainwright, 477 U.S. 399 , 106 S.Ct. 2595 , 91 L.Ed.2d 335 (1986), namely: 1) Inclusion of the defendant in the truth seeking process; 2) The opportunity to cross examine in an adversarial setting; and 3) Inclusion of the judiciary in the decision making process (either in an active capacity or a reviewing capacity).

1992We note that this procedure satisfies the procedural due process requirements outlined in Ford v. Wainwright, 477 U.S. 399 , 106 S.Ct. 2595 , 91 L.Ed.2d 335 (1986), namely: 1) Inclusion of the defendant in the truth seeking process; 2) The opportunity to cross examine in an adversarial setting; and 3) Inclusion of the judiciary in the decision making process (either in an active capacity or a reviewing capacity).

11992–1992
State v. Perry green
la · 1986
1 sentence

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992
State v. Perry neutral
la · 1989
1 sentence

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992
Perry v. Louisiana green
scotus · 1991
2 sentences

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992
State v. Perry green
la · 1989
1 sentence

1992The trial court agreed and ruled accordingly. [2] State v. Perry, 502 So.2d 543 (La.1986). [3] Specifically, Perry was given Haldol to control the symptoms of his schizo-affective disorder. [4] State v. Perry, 543 So.2d 487 , reh'g denied, 545 So.2d 1049 (La.1989). [5] 494 U.S. 1015 , 110 S.Ct. 1317 , 108 L.Ed.2d 492 (1990). [6] Perry v. Louisiana, 498 U.S. 38 , 111 S.Ct. 449 , 112 L.Ed.2d 338 (1990) (per curiam), reh'g denied, ___ U.S. ___, 111 S.Ct. 804 , 112 L.Ed.2d 865 (1991). [7] 584 So.2d 1145 (La.1991). [8] La.Code Cr.Pro. art. 930.3 provides: If the petitioner is in custody after sente

11992–1992

Where else courts name it

NY 12 (1965–2018) CO 7 (2005–2025) LA 6 (1992–2017) NC 4 (1991–2006) TX 4 (1983–2003) MN 3 (1985–2018) CT 2 (2016–2017) CA 2 (1982–2024) IL 2 (2024–2024) NM 2 (2013–2013)

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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