Cited by
Opinions in Louisiana that cite State v. Adams, 355 So. 2d 917.
- State of Louisiana v. Anthony Scott Tubbs La. Ct. App. 2d Cir. 2019
- State of Louisiana v. Jeffrey Clark 220 So. 3d 583 La. 2016
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State v. Wells
203 So. 3d 233
La. Ct. App. 1st Cir. 2016
The court’s for the proposition that “[o]nly basic rights such as the right to vote, work, or hold public office are restored,” referred to rights restored by operation of La.
- Derrick Shepherd v. Thomas Schedler, in His Official Capacity as the Secretary of State for the State of … La. 2016
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State of Louisiana v. Kenneth Wayne Montgomery
La. Ct. App. 3d Cir. 2014
n. 2 (La.1978), the supreme court stated: The trial judge’s per curiam opinion indicates that he took judicial notice of the fact that he was the judge who had sentenced the defendant in 1975 on a guilty plea to theft.
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State v. Eberhardt
145 So. 3d 377
La. 2014
Article I, Section 20 provides, in pertinent part: "Full rights of citizenship shall be restored upon termination of state and federal supervision following conviction for any offense.” Nevertheless, that LSA-Const.
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STATE OF LOUISIANA v. JAMAL C. TAYLOR AND KELIN A. STEVENS (Parish of Jefferson) STATE OF LOUISIANA v. …
La. 2014
session of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, 5 Article I, Section 20 provides, in pertinent part: “Full rights of citizenship shall be restored upon termination of state and federal supervision following conviction for any offense.” Nevertheless, (La.
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State of Louisiana v. Ernest D'Wayne Derryberry
La. Ct. App. 3d Cir. 2013
In its written ruling, finding Defendant a third felony offender, the trial court noted that the above “[o]rder issued by the Texas court is not a full, complete pardon as it was not issued by the Governor of Texas.” as its authority.
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Touchet v. Broussard
31 So. 3d 986
La. 2010
the Court discussed the automatic first offender pardon in the context of habitual offender adjudications and held while it was clear that a full complete pardon by the governor precludes the use of a pardoned offense to enhance punishment, State v. Childers, 197 La.
- State v. Simms 25 So. 3d 250 La. Ct. App. 1st Cir. 2009
- State Ex Rel. Moreau v. Castillo 971 So. 2d 1081 La. Ct. App. 1st Cir. 2007
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Malone v. Shyne
937 So. 2d 343
La. 2006
in which this court listed the right to hold public office as one of the "basic rights of citizenship."
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Malone v. Shyne
936 So. 2d 1279
La. Ct. App. 2d Cir. 2006
and in State v. Lee, 171 La.
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State v. Lemoine
919 So. 2d 727
La. Ct. App. 5th Cir. 2005
In support of its position
- State v. Jacobs 904 So. 2d 82 La. Ct. App. 5th Cir. 2005
- State v. Moore 847 So. 2d 53 La. Ct. App. 3d Cir. 2003
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Malone v. Tubbs
825 So. 2d 585
La. Ct. App. 2d Cir. 2002
The third circuit, noted that an automatic pardon pursuant to La.
- Gordon v. Louisiana State Bd. of Nursing 804 So. 2d 34 La. Ct. App. 1st Cir. 2001
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State v. Derouin
778 So. 2d 1186
La. Ct. App. 3d Cir. 2001
In reaching this conclusion, the second circuit analyzed the effect of the automatic pardon provision on the restoration of a convicted felon's rights *1189 and, stated the following: Interpreting three separate Louisiana constitutional provisions, the jurisprudence has drawn distinctions between three situations involving the restoration of certain rights and privileges to convicted felons.
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State v. Armstrong
756 So. 2d 533
La. Ct. App. 5th Cir. 2000
-22 (La.1978); State v. Lee, 98-0087 (La.App.
- State v. Rollins 749 So. 2d 890 La. Ct. App. 2d Cir. 1999
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Cook v. Skipper
749 So. 2d 6
La. Ct. App. 3d Cir. 1999
The differences between the restoration of the basic rights of citizenship and the effects of a
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Catanese v. Louisiana Gaming Control Bd.
712 So. 2d 666
La. Ct. App. 1st Cir. 1998
The district court based its ruling, in large part, stating that a pardon granted pursuant to Article IV, Section 5(E)(1) restores the privileges of citizenship, as well as rights.
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Eicher v. LA. STATE POLICE, RIVERBOAT GAMING ENFOR. DIV.
710 So. 2d 799
La. Ct. App. 1st Cir. 1998
[11] However, for the proposition that a first offender's pardon does not automatically restore privileges, as opposed to and distinguished from rights.
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State v. Riser
704 So. 2d 946
La. Ct. App. 2d Cir. 1997
Finally, that there is a third situation, addressed in the second sentence of Art. 4, § 5(E)(1), that provides an automatic pardon to the first time offender upon completion of his sentence.
- Davis v. Louisiana State Bd. of Nursing 691 So. 2d 170 La. Ct. App. 1st Cir. 1997
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Dear v. State
682 So. 2d 862
La. Ct. App. 2d Cir. 1996
the supreme court concluded that the mere completion of a sentence is not sufficient to erase the fact of conviction.
- Pattan v. Fields 669 So. 2d 1233 La. Ct. App. 1st Cir. 1995
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State v. Rolen
662 So. 2d 446
La. 1995
Const. art. 4, § 5(E)(1), which absolutely precludes the use of a prior conviction as the basis for enhanced punishment following a subsequent offense, State v. Childers, 197 La.
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Guillory v. Louisiana State Racing Commission
569 So. 2d 33
La. Ct. App. 1st Cir. 1990
The difference between a "pardon” and a "restoration of full rights of citizenship”
- State v. Haynes 514 So. 2d 1206 La. Ct. App. 2d Cir. 1987
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State v. Tatum
466 So. 2d 29
La. 1985
2022 , 29 L.Ed.2d 564 (1971)
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State v. Davis
452 So. 2d 1208
La. Ct. App. 5th Cir. 1984
2022 , 29 L.Ed.2d 564 (1971)
- State v. Walker 432 So. 2d 1057 La. Ct. App. 3d Cir. 1983
- State v. Wiggins 432 So. 2d 234 La. 1983
- State v. Williams 420 So. 2d 1116 La. 1982
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State v. Zito
406 So. 2d 167
La. 1981
2022 , 29 L.Ed.2d 564 (1971); (La.
- State v. Goods 403 So. 2d 1205 La. 1981
- State v. Garrison 400 So. 2d 874 La. 1981
- State v. Gould 395 So. 2d 647 La. 1981
- State v. Frisch 393 So. 2d 1220 La. 1981
- State v. Sharp 390 So. 2d 1288 La. 1980
- State v. Tomasetti 381 So. 2d 420 La. 1980
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State v. Blanchard
374 So. 2d 1248
La. 1979
2022 , 29 L.Ed.2d 564 (1971)
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State v. Augillard
371 So. 2d 798
La. 1979
The defendant relies upon jurisprudence to the effect (a) that mere proof of a prior conviction of a person of the same name as the defendant is not adequate to prove that the present accused was the person convicted in the earlier proceedings, and (b) that the state has the burden of proving the prior convictions of the present defendant, as well as that the ten year period has not elapsed
- State v. Lewis 366 So. 2d 1355 La. 1978
- State v. Williams 366 So. 2d 1369 La. 1978
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State v. Daigre
364 So. 2d 902
La. 1978
2022 , 29 L.Ed.2d 564 (1971)