federal constitutional error in Louisiana

2014In reviewing for the sufficiency of evidence under the specific claim that mis-identification had not been negated by the prosecution, we apply the general rules for sufficiency review set forth in Jackson v. Virginia, which announced a federal constitutional rule or standard of review, to guarantee that a fact-finder had applied the correct standard of proof. 443 U.S. 307, 316-18 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2014In reviewing for the sufficiency of evidence under the specific claim that mis-identification had not been negated by the prosecution, we apply the general rules for sufficiency review set forth in Jackson v. Virginia, which announced a federal constitutional rule or standard of review, to guarantee that a fact-finder had applied the correct standard of proof. 443 U.S. 307, 316-18 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2014Id.

2008Id. at 781 , 115 S.Ct. at 1845 .

1978The statute provides: "All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals." Article I, Section 13 of the Louisiana Constitution of 1974 provides that an accused in a criminal prosecution "shall be informed of the nature and cause of the accusation against him." This Court, in State v. Mitchell, 319 So.2d 357 (La.1975), held that the Louisiana constitutional guarantee of due process

1978La.R.S. 32:705, in pertinent part, provides that ". . . no person shall sell a vehicle without delivery to the purchaser thereof . . . a certificate of title . . ." Article I, Section 13 of the Louisiana Constitution of 1974 provides that an accused in a criminal prosecution "shall be informed of the nature and cause of the accusation against him." This Court, in State v. Mitchell, 319 So.2d 357 (La.1975), held that the Louisiana constitutional guarantee of due process of law is synonymous with the federal constitutional requirement of statutory definiteness set forth by the Supreme Court in U

1978The statute provides: "All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals." Article I, Section 13 of the Louisiana Constitution of 1974 provides that an accused in a criminal prosecution "shall be informed of the nature and cause of the accusation against him." This Court, in State v. Mitchell, 319 So.2d 357 (La.1975), held that the Louisiana constitutional guarantee of due process

1978The statute provides: "All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals." Article I, Section 13 of the Louisiana Constitution of 1974 provides that an accused in a criminal prosecution "shall be informed of the nature and cause of the accusation against him." This Court, in State v. Mitchell, 319 So.2d 357 (La.1975), held that the Louisiana constitutional guarantee of due process

1978The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed." See also, Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); Rose v. Locke, 423 U.S. 48 , 96 S.Ct. 243 , 46 L.Ed.2d 185 (1975); Connick v. Lucky Pierre's, 331 So.2d 431, 434 (La.1976).

1978The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed." See also, Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); Rose v. Locke, 423 U.S. 48 , 96 S.Ct. 243 , 46 L.Ed.2d 185 (1975); Connick v. Lucky Pierre's, 331 So.2d 431, 434 (La.1976).

1978The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed." See also, Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); Rose v. Locke, 423 U.S. 48 , 96 S.Ct. 243 , 46 L.Ed.2d 185 (1975); Connick v. Lucky Pierre's, 331 So.2d 431, 434 (La.1976).

1978The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed." See also, Marks v. United States, 430 U.S. 188 , 97 S.Ct. 990 , 51 L.Ed.2d 260 (1977); Rose v. Locke, 423 U.S. 48 , 96 S.Ct. 243 , 46 L.Ed.2d 185 (1975); Connick v. Lucky Pierre's, 331 So.2d 431, 434 (La.1976).

2018The federal constitutional standard for judicial disqualification is implicated only in "rare instances." See Caperton , 556 U.S. at 890 , 129 S.Ct. 2252 ; see also Bracy , 520 U.S. at 904 , 117 S.Ct. 1793 .

2018The federal constitutional standard for judicial disqualification is implicated only in "rare instances." See Caperton , 556 U.S. at 890 , 129 S.Ct. 2252 ; see also Bracy , 520 U.S. at 904 , 117 S.Ct. 1793 .

2014And we also apply the particular criteria for evaluating the reliability of 1 identification evidence set out in Manson v. Brathwaite. 2 See State v. Paul, 11-0252, pp. 3-4 (La.App. 4 Cir. 4/18/12), 90 So.3d 1191, 1194 ; State v. Stewart, 04-2219, p. 6 (La.App. 4 Cir. 6/29/05), 909 So.2d 636, 639 .

2014See Bordenkircher v. Hayes, 434 U.S. 357, 364 , 98 S.Ct. 663 , 54 L.Ed.2d 604 (1978), quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501 , 7 L.Ed.2d 446 (1962) (“Within the limits set by the legislature’s constitutionally valid definition of chargeable offenses, ‘the conscious exercise of some selectivity is not in itself a federal constitutional violation....’”); Santobello v. New York, 404 U.S. 257, 260 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971) (“The disposition of criminal charges by agreement between the prosecutor and the accused ... is an essential component of the administration of j

2014See Bordenkircher v. Hayes, 434 U.S. 357, 364 , 98 S.Ct. 663 , 54 L.Ed.2d 604 (1978), quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501 , 7 L.Ed.2d 446 (1962) (“Within the limits set by the legislature’s constitutionally valid definition of chargeable offenses, ‘the conscious exercise of some selectivity is not in itself a federal constitutional violation....’”); Santobello v. New York, 404 U.S. 257, 260 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971) (“The disposition of criminal charges by agreement between the prosecutor and the accused ... is an essential component of the administration of j

2014And we also apply the particular criteria for evaluating the reliability of 1 identification evidence set out in Manson v. Brathwaite. 2 See State v. Paul, 11-0252, pp. 3-4 (La.App. 4 Cir. 4/18/12), 90 So.3d 1191, 1194 ; State v. Stewart, 04-2219, p. 6 (La.App. 4 Cir. 6/29/05), 909 So.2d 636, 639 .

2013“Consistent with the jury-trial guarantee, the question [Chapman] instructs the reviewing court to consider is not what effect the constitutional error might generally be expected to have upon a reasonable jury, but rather what effect it had upon the guilty verdict in the case at hand.” Sullivan v. Louisiana, 508 U.S. 275, 279 , 113 S.Ct. 2078 , 124 L.Ed.2d 182 (1993).

2013“Consistent with the jury-trial guarantee, the question [Chapman] instructs the reviewing court to consider is not what effect the constitutional error might generally be expected to have upon a reasonable jury, but rather what effect it had upon the guilty verdict in the case at hand.” Sullivan v. Louisiana, 508 U.S. 275, 279 , 113 S.Ct. 2078 , 124 L.Ed.2d 182 (1993).

2010The federal constitutional immunity does not apply to municipal governments. [citing Alden v. Maine, 527 U.S. 706 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999).] In the relevant line of Supreme Court cases, the Court has held that states are immune from private suits in federal courts under either federal or state law [citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000)] and cannot be sued by private parties under federal law even in their own courts. [citing Alden, 527 U.S. 706 , 119 S.Ct. 2240 .] Congress has no power to authorize such suits except pursuant

2010The federal constitutional immunity does not apply to municipal governments. [citing Alden v. Maine, 527 U.S. 706 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999).] In the relevant line of Supreme Court cases, the Court has held that states are immune from private suits in federal courts under either federal or state law [citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000)] and cannot be sued by private parties under federal law even in their own courts. [citing Alden, 527 U.S. 706 , 119 S.Ct. 2240 .] Congress has no power to authorize such suits except pursuant

2010The federal constitutional immunity does not apply to municipal governments. [citing Alden v. Maine, 527 U.S. 706 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999).] In the relevant line of Supreme Court cases, the Court has held that states are immune from private suits in federal courts under either federal or state law [citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000)] and cannot be sued by private parties under federal law even in their own courts. [citing Alden, 527 U.S. 706 , 119 S.Ct. 2240 .] Congress has no power to authorize such suits except pursuant

2010The federal constitutional immunity does not apply to municipal governments. [citing Alden v. Maine, 527 U.S. 706 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999).] In the relevant line of Supreme Court cases, the Court has held that states are immune from private suits in federal courts under either federal or state law [citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000)] and cannot be sued by private parties under federal law even in their own courts. [citing Alden, 527 U.S. 706 , 119 S.Ct. 2240 .] Congress has no power to authorize such suits except pursuant

2010The federal constitutional immunity does not apply to municipal governments. [citing Alden v. Maine, 527 U.S. 706 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999).] In the relevant line of Supreme Court cases, the Court has held that states are immune from private suits in federal courts under either federal or state law [citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000)] and cannot be sued by private parties under federal law even in their own courts. [citing Alden, 527 U.S. 706 , 119 S.Ct. 2240 .] Congress has no power to authorize such suits except pursuant

2010The federal constitutional immunity does not apply to municipal governments. [citing Alden v. Maine, 527 U.S. 706 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999).] In the relevant line of Supreme Court cases, the Court has held that states are immune from private suits in federal courts under either federal or state law [citing Kimel v. Fla. Bd. of Regents, 528 U.S. 62 , 120 S.Ct. 631 , 145 L.Ed.2d 522 (2000)] and cannot be sued by private parties under federal law even in their own courts. [citing Alden, 527 U.S. 706 , 119 S.Ct. 2240 .] Congress has no power to authorize such suits except pursuant

2003Stroik v. Ponseti, 35 F.3d 155, 157 (5th Cir.1994), cert denied, 514 U.S. 1064 , 115 S.Ct. 1692 , 131 L.Ed.2d 556 (1995).

2003Stroik v. Ponseti, 35 F.3d 155, 157 (5th Cir.1994), cert denied, 514 U.S. 1064 , 115 S.Ct. 1692 , 131 L.Ed.2d 556 (1995).

2003Stroik v. Ponseti, 35 F.3d 155, 157 (5th Cir.1994), cert denied, 514 U.S. 1064 , 115 S.Ct. 1692 , 131 L.Ed.2d 556 (1995).