affirmative showing error in Louisiana

45 Louisiana opinions name it 2 courts 1980–2020 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 (4)

Case	Followed	Cited
State v. Wilsongreen la · 1985 · cited in 13 Louisiana opinions naming this issue, 1995–2015 2 sentences 2015Whether a defendant has met his burden of showing such actual prejudice is “a question addressed to the trial court’s sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion.” Manning, supra (quoting State v. Wilson, 467 So.2d 503, 512 (La.1985)). . 2008Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La. 1985) cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 .	10	13
State v. Vaccarogreen la · 1982 · cited in 16 Louisiana opinions naming this issue, 1983–2010 2 sentences 2008Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La. 1985) cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 . 2006The trial court’s determination of whether the requisite showing has been made to qualify for a change of venue “will not be disturbed on review in the absence of an affirmative showing of error and abuse of discretion.” Vaccaro, 411 So.2d at 424 .	4	16
State v. Wilkersongreen la · 1981 · cited in 2 Louisiana opinions naming this issue, 1988–1996 2 sentences 1996State v. Wilkerson, 403 So.2d 652, 655 (La.1981). 1988State v. Wilkerson, supra. The trial court did not err in denying this motion.	1	2
State v. Hoffmangreen la · 2000 · cited in 1 Louisiana opinions naming this issue, 2006–2006 1 sentence 2006"Whether the defendant has made the requisite showing of actual prejudice is a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." Hoffman , XXXX-XXXX p. 5, 768 So.2d at 552 (internal quotations omitted).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (19)

Case	Cited	Years
State v. Adams green la · 1981 2 sentences 1988State v. Vaccaro, supra; State v. Adams, 394 So.2d 1204 (La.1981). 1987State v. Vaccaro, supra; State v. Adams, 394 So.2d 1204 (La.1981)." The defendant must show more than mere public knowledge of facts surrounding the offense to be entitled to have his trial moved to another parish.	9	1981–1988
Saville v. Westinghouse Electric Corp. green scotus · 1985 2 sentences 2008Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La. 1985) cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 . 2004Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La.1985), cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 .	8	1996–2008
In re Tracey green scotus · 1985 2 sentences 2008Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La. 1985) cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 . 2004Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La.1985), cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 .	8	1996–2008
State v. Roof green sc · 1917 2 sentences 2008Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La. 1985) cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 . 2004Whether a defendant has made the requisite showing of actual prejudice is "a question addressed to the trial court's sound discretion which will not be disturbed on appeal absent an affirmative showing of error and abuse of discretion." State v. Wilson, 467 So.2d 503, 512 (La.1985), cert. denied, 474 U.S. 911 , 106 S.Ct. 281 , 88 L.Ed.2d 246 (1985); see also Vaccaro, 411 So.2d at 424 .	8	1996–2008
State v. Sparks green la · 2011 2 sentences 2014Magee, supra; Sparks, supra. In State v. Bell, 315 So.2d 307 (La.1975), the Louisiana Supreme Court enumerated several factors to be considered in the change of venue determination. 2013Sparks , 88-0017, p. 17, 68 So.3d at 457 ; Clark , 2002-1463, p. 17, 851 So.2d at 1071 .	4	2012–2014
State v. Clark green la · 2003 2 sentences 2013Sparks , 88-0017 at 16-17, 68 So.3d at 457 ; Lee , 05-2098 at 33, 976 So.2d at 133 ; Clark , 02-1463 at 17, 851 So.2d at 1071 . 2013Sparks , 88-0017, p. 17, 68 So.3d at 457 ; Clark , 2002-1463, p. 17, 851 So.2d at 1071 .	4	2011–2013
State v. Magee green la · 2012 2 sentences 2020Magee, 103 So. 3d at 298 ; see also State v. Gordon, 2004- 0633 ( La. 2020State v. Magee, 11-574 (La. 9/28/12), 103 So.3d 285, 298 , cert. denied, 571 U.S. 830 , 134 S.Ct. 56 , 187 L.Ed.2d 49 (2013); State v. Logan, supra. Several factors are pertinent in determining whether actual prejudice exists rendering a change in venue necessary, including: (1) the nature of pretrial publicity and the degree to which it has circulated in the community; (2) the connection of government officials with the release of the publicity; (3) the length 19-KA-594 16 of time between the publicity and the trial; (4) the severity and notoriety of the offense; (5) the area from which the j	3	2014–2020
State v. Lee green la · 2008 2 sentences 2013Sparks , 88-0017 at 16-17, 68 So.3d at 457 ; Lee , 05-2098 at 33, 976 So.2d at 133 ; Clark , 02-1463 at 17, 851 So.2d at 1071 . 2012Sparks , 88-0017 at 16-17, 68 So.3d at 457 ; Lee , 05-2098 at 33, 976 So.2d at 133 ; Clark , 02-1463 at 17, 851 So.2d at 1071 .	3	2011–2013
State v. Sheppard green la · 1977 2 sentences 1982State v. Adams, supra ; State v. Williams, supra ; State v. Felde, supra ; State v. Matthews, 354 So.2d 552 (La.1978); State v. Sheppard, 350 So.2d 615 (La.1977). 1981State v. Sonnier, 379 So.2d 1336 (La.1979); State v. Matthews, 354 So.2d 552 (La.1978) and State v. Sheppard, 350 So.2d 615 (La.1977).	3	1980–1982
State v. Matthews green la · 1978 2 sentences 1982State v. Adams, supra ; State v. Williams, supra ; State v. Felde, supra ; State v. Matthews, 354 So.2d 552 (La.1978); State v. Sheppard, 350 So.2d 615 (La.1977). 1981State v. Sonnier, 379 So.2d 1336 (La.1979); State v. Matthews, 354 So.2d 552 (La.1978) and State v. Sheppard, 350 So.2d 615 (La.1977).	3	1980–1982
State v. Bell green la · 1975 2 sentences 2014Magee, supra; Sparks, supra. In State v. Bell, 315 So.2d 307 (La.1975), the Louisiana Supreme Court enumerated several factors to be considered in the change of venue determination. 2013In State v. Bell, 315 So.2d 307 (La. 1975), the court enumerated several factors relevant to the district court’s determination of whether to order a change of venue.	2	2013–2014
State v. Sonnier green la · 1980 2 sentences 1981State v. Sonnier, 379 So.2d 1336 (La.1979); State v. Matthews, 354 So.2d 552 (La.1978) and State v. Sheppard, 350 So.2d 615 (La.1977). 1980State v. Sonnier, supra ; State v. Matthews, supra ; State v. Sheppard, supra .	2	1980–1981
Campbell v. Texas neutral scotus · 2013 1 sentence 2020State v. Magee, 11-574 (La. 9/28/12), 103 So.3d 285, 298 , cert. denied, 571 U.S. 830 , 134 S.Ct. 56 , 187 L.Ed.2d 49 (2013); State v. Logan, supra. Several factors are pertinent in determining whether actual prejudice exists rendering a change in venue necessary, including: (1) the nature of pretrial publicity and the degree to which it has circulated in the community; (2) the connection of government officials with the release of the publicity; (3) the length 19-KA-594 16 of time between the publicity and the trial; (4) the severity and notoriety of the offense; (5) the area from which the j	1	2020–2020
Williams v. Folino green scotus · 2013 2 sentences 2020State v. Magee, 11-574 (La. 9/28/12), 103 So.3d 285, 298 , cert. denied, 571 U.S. 830 , 134 S.Ct. 56 , 187 L.Ed.2d 49 (2013); State v. Logan, supra. Several factors are pertinent in determining whether actual prejudice exists rendering a change in venue necessary, including: (1) the nature of pretrial publicity and the degree to which it has circulated in the community; (2) the connection of government officials with the release of the publicity; (3) the length 19-KA-594 16 of time between the publicity and the trial; (4) the severity and notoriety of the offense; (5) the area from which the j 2020State v. Magee, 11-574 (La. 9/28/12), 103 So.3d 285, 298 , cert. denied, 571 U.S. 830 , 134 S.Ct. 56 , 187 L.Ed.2d 49 (2013); State v. Logan, supra. Several factors are pertinent in determining whether actual prejudice exists rendering a change in venue necessary, including: (1) the nature of pretrial publicity and the degree to which it has circulated in the community; (2) the connection of government officials with the release of the publicity; (3) the length 19-KA-594 16 of time between the publicity and the trial; (4) the severity and notoriety of the offense; (5) the area from which the j	1	2020–2020
State v. Frank green la · 2001 2 sentences 2008"Whether the defendant has made the requisite showing [of actual prejudice] is a question addressed to the trial court's sound discretion which will not be disturbed on review in the absence of an affirmative showing of error and abuse of discretion." State v. Frank, 99-0553, p. 14 (La.1/17/01), 803 So.2d 1, 14 . 2008"The defendant must prove more than mere public knowledge or familiarity with the facts of the case to be entitled to have his trial moved to another parish; rather, the defendant must show the extent of prejudice in the minds of the community as a result of such knowledge or exposure to the case before trial." State v. Frank , 99-0553 at p. 14, 803 So.2d at 15 .	1	2008–2008
State v. Huls green lactapp · 1996 1 sentence 2004Huls , 95-0541 at p. 15, 676 So.2d at 171 .	1	2004–2004
State v. Thompson green la · 1987 1 sentence 1996Thompson, 516 So.2d at 352 ; Wilson, 467 So.2d at 512 .	1	1996–1996
State v. Williams green la · 1980 1 sentence 1982State v. Adams, supra ; State v. Williams, supra ; State v. Felde, supra ; State v. Matthews, 354 So.2d 552 (La.1978); State v. Sheppard, 350 So.2d 615 (La.1977).	1	1982–1982
State v. Felde green la · 1980 1 sentence 1982State v. Adams, supra ; State v. Williams, supra ; State v. Felde, supra ; State v. Matthews, 354 So.2d 552 (La.1978); State v. Sheppard, 350 So.2d 615 (La.1977).	1	1982–1982

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:30 (18) LA § La. Rev. Stat. § 14:30.1 (16) LA § La. Rev. Stat. § 3 (9) LA § La. Rev. Stat. § 15:451 (8) LA § La. Rev. Stat. § 15:567 (8) LA § La. Rev. Stat. § 1 (7) LA § La. Rev. Stat. § 14:64 (7) LA § La. Rev. Stat. § 15:438 (7) LA § La. Rev. Stat. § 14:27 (6) LA § La. Rev. Stat. § 14:44 (6) LA § La. Rev. Stat. § 15:149.1 (5) LA § La. Rev. Stat. § 14:44.1 (4)

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.

Where else courts name it

GA 98 (1985–2026) IL 47 (1972–2026) LA 45 (1980–2020) CA 42 (1887–2026) IN 29 (1919–2025) WA 17 (1938–2025) TX 8 (1924–2015) AR 7 (1989–2017) MA 7 (1992–2023) WY 5 (1959–2002) DC 4 (1947–1999) OH 4 (2008–2021) KS 3 (1944–1984) MI 3 (1984–1987) VA 3 (1990–2017) ID 2 (1974–1980)

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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