Cited by
Opinions in Louisiana that cite State v. Jones, 316 So. 2d 100.
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State v. Shirley
10 So. 3d 224
La. 2009
State v. Morrison, [ ]; State v. Goetz, [ ]; State v. Graham, [ ]
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State v. Busby
893 So. 2d 161
La. Ct. App. 3d Cir. 2005
We 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, [ ], 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.
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State of Louisiana v. Ben Busby
La. Ct. App. 3d Cir. 2005
We 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, [], 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
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State v. Barker
629 So. 2d 1119
La. 1993
State v. McElroy, supra, 553 So.2d at 458
- State v. Blake 575 So. 2d 906 La. Ct. App. 2d Cir. 1991
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State v. Honeyman
560 So. 2d 825
La. 1990
We 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, [ (La.
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State v. McElroy
553 So. 2d 456
La. 1989
Nonetheless, the state contends that, (La.
- McWhiney v. State, Department of Public Safety 514 So. 2d 1202 La. Ct. App. 2d Cir. 1987
- State v. Moore 507 So. 2d 17 La. Ct. App. 1st Cir. 1987
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State v. Rowell
505 So. 2d 978
La. Ct. App. 1st Cir. 1987
State v. Morrison, [ ] supra; State v. Goetz, [ ] supra; State v. Graham, [ ] supra; ” Therefore, according to the dictates of Tanner , the State had the burden of proving the admissibility of the blood analysis.
- State v. St. Amant 504 So. 2d 1094 La. Ct. App. 5th Cir. 1987
- State v. Bailey 500 So. 2d 843 La. Ct. App. 1st Cir. 1986
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State v. Fairleigh
490 So. 2d 490
La. Ct. App. 4th Cir. 1986
State v. Morrison, supra ; State v. Goetz, supra ; State v. Graham, supra
- State v. Taylor 483 So. 2d 250 La. Ct. App. 1st Cir. 1986
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State v. Franklin
461 So. 2d 640
La. Ct. App. 1st Cir. 1984
[1] Defendant argues that the police officer's certification in effect at the time the intoxilyzer test was administered to the defendant (December 1982) must be placed into evidence in order to satisfy the constitutional *642
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State v. Downer
460 So. 2d 1184
La. Ct. App. 2d Cir. 1984
1978), and numerous other cases.
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State v. Tanner
457 So. 2d 1172
La. 1984
State v. Morrison, supra ; State v. Goetz, supra ; State v. Graham, supra
- State v. Humphrey 445 So. 2d 1155 La. 1984
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Conley v. Liberty Mut. Ins. Co.
421 So. 2d 254
La. Ct. App. 4th Cir. 1982
The police officer in our case showed by copies of his certificate and recertifications that he was qualified to administer the PEI tests (and did not merely so testify, for a criminal prosecution).
- State v. Green 418 So. 2d 609 La. 1982
- State v. Krause 405 So. 2d 832 La. 1981
- State v. Gregory 403 So. 2d 1225 La. 1981
- State v. Morrison 392 So. 2d 1037 La. 1980
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State v. Westbrook
385 So. 2d 13
La. 1980
32:662 presumption of a defendant’s intoxication arising from chemical analysis, we hold that at trial the state must show that the individual who approved the relevant machine for use has been certified to perform maintenance by the Department of Health and Human Resources.
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State v. Williams
375 So. 2d 931
La. 1979
a virtually indisputable presumption," in fact, a "practically conclusive presumption of guilt," and have noted the "heavy reliance placed on the results obtained," (La.
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State v. Goetz
374 So. 2d 1219
La. 1979
This Court, held that, in a criminal prosecution, before the state may avail itself of a statutory presumption of a defendant's intoxication arising from a chemical analysis of his blood, La.R.S.
- State v. Catanese 368 So. 2d 975 La. 1979
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City of Baton Rouge v. Overton
367 So. 2d 305
La. 1979
the Louisiana Health and Human Resources Administration, Division of Health, promulgated rules and regulations pertaining to the performance of these chemical tests.
- State v. Graham 360 So. 2d 853 La. 1978
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State v. Francis
345 So. 2d 1120
La. 1977
See also: State v. Chevallier, 213 La.
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State v. Perkins
334 So. 2d 232
La. 1976
Conviction set aside, or the state to show cause to the contrary within 15 days from date.
- McNeil v. State ex rel. Department of Public Safety 334 So. 2d 704 La. Ct. App. 5th Cir. 1976
- Davis v. State, Department of Public Safety-License Control & Drivers Improvement Division 335 So. 2d 506 La. Ct. App. 1st Cir. 1976
- Mullens v. Department of Public Safety, Driv. Lic. D. 327 So. 2d 492 La. Ct. App. 4th Cir. 1976
- State v. Batiste 327 So. 2d 420 La. 1976
- City of Baton Rouge v. Mitchell 325 So. 2d 588 La. 1976
- Quoyeser v. Department of Public Safety 325 So. 2d 327 La. Ct. App. 1st Cir. 1975
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State v. Holloway
317 So. 2d 620
La. 1975
Verdict and sentence reversed and case remanded for new trial under State v. Jones, La., 1975, ; State v. Junell, La., and other holdings.
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City of Baton Rouge v. Levy
317 So. 2d 620
La. 1975
14:98 are reversed in view of our decision in State v. Jones, La., , handed down on June 25, 1975.
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State v. Mayo
317 So. 2d 620
La. 1975
Under State v. Jones, La., 1975, ; State v. Junell, La., ; State v. Bruins, La., .
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State v. Stephens
319 So. 2d 330
La. 1975
Writ granted: Treating this appeal a’s an application to our supervisory jurisdiction, Supreme Court Rule 1, Section 10 (1973), the conviction appealed from is annulled, and the matter remanded for a new trial
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City of Lafayette v. Rizzuto
314 So. 2d 739
La. 1975
The trial court should, however, note decisions handed down this day in City of Monroe v. Robinson, La., ; State v. Jones, La., ; State v. Karol, La., ; State v. McGuffey, La., ; State v. Bruins, La., .
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State v. McGuffey
316 So. 2d 107
La. 1975
Because we have found that the failure to physically produce the operator's certification or permit evidencing his qualifications and authority to administer the PEI test is error warranting the reversal of a conviction and sentence in State v. Jones, La., , decided this date, we are constrained to reach a conforming result in the instant case for the reasons fully set forth in the Jones opinion, and because, in the instant case, the evidence acceptable to relator in lieu of strict adherence to
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State v. Karol
316 So. 2d 106
La. 1975
In State v. Jones, La., , decided this date, we determined that the "method" promulgated by the state department of health which purports to prescribe the procedure for conducting the breath test for determining alcohol concentration in the blood even if judicially cognizable, does not satisfy the requirements set forth in La.R.S.
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City of Monroe v. Robinson
316 So. 2d 119
La. 1975
Nevertheless, it is not necessary for us to consider the impact of this error, in light of our holding in State v. Jones, La., , decided this date, that the best evidence rules and other enunciated weighty considerations require that the State physically produce the certification of the operator who administers the PEI test before admitting the test results into evidence.