Cited by
Opinions in Louisiana that cite State v. Wagster, 361 So. 2d 849.
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State of Louisiana v. Brennen D. Lark
La. Ct. App. 4th Cir. 2021
6/1/07), (observing that, “[a]s a general rule, counsel’s failure to obtain a ruling on the merits would constitute an abandonment of the motion”); (La.
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State v. Broussard
269 So. 3d 1094
La. Ct. App. 1st Cir. 2019
Other cases further reflect the correctness of this position, including State v. Wagster , cited by the courts in Williams and in Washington .
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State of Louisiana v. Damon Broussard
La. Ct. App. 3d Cir. 2019
Other cases further reflect the correctness of this position, cited by the courts in Williams and in Washington.
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State v. Howard
258 So. 3d 66
La. Ct. App. 1st Cir. 2018
State v. Wagster , , 856 (La.
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State v. Hutsell
241 So. 3d 542
La. Ct. App. 4th Cir. 2018
6/1/07), , 134 ( , 856 (La.1978) this Court noted: "As a general rule, counsel's failure to obtain a ruling on the merits would constitute an abandonment of the motion."
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State of Louisiana v. Corlious C. Dyson AKA Corlious Corall Dyson
La. Ct. App. 3d Cir. 2017
Therefore, : “ * * * (Q)uestioning of witnesses in a criminal jury trial by the judge is a practice to be avoided unless deemed indispensible to a fair and impartial trial.
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State v. Dyson
220 So. 3d 785
La. Ct. App. 1st Cir. 2017
Therefore, : “ * * * (Q)uestioning of witnesses in a criminal jury trial by the judge is a practice to be avoided unless deemed indispensible to a fair and impartial trial.
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State v. Vernon
207 So. 3d 525
La. Ct. App. 1st Cir. 2016
Otherwise it may be considered that the motion has been abandoned.” Id., (La.
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State v. Lavy
142 So. 3d 1000
La. Ct. App. 1st Cir. 2014
State v. Carter, 96-0337, p. 7 (La.App.
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State of Louisiana v. Robert James Thomas
La. Ct. App. 3d Cir. 2013
Therefore, : “ * * * (Q)uestioning of witnesses in a criminal jury trial by the judge is a practice to be avoided unless deemed indispensible to a fair and impartial trial.
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State v. Thomas
114 So. 3d 684
La. Ct. App. 1st Cir. 2013
Therefore, : “ * * * (Q)uestioning of witnesses in a criminal jury trial by the judge is a practice to be avoided unless deemed indispensible to a fair and impartial trial.
- State v. Austin 99 So. 3d 1008 La. Ct. App. 1st Cir. 2011
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State v. FUGLER
45 So. 3d 1060
La. 2010
See, ("[I]t is ordinarily incumbent upon the proponent of a motion to move for a hearing date on that motion.
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State v. Fugler
45 So. 3d 1060
La. 2010
See, (“[I]t is ordinarily incumbent upon the proponent of a motion to move for a hearing date on that motion.
- State v. Cosie 44 So. 3d 314 La. Ct. App. 1st Cir. 2010
- State of Louisiana v. Robert Allen Snelling La. Ct. App. 3d Cir. 2010
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State v. Snelling
36 So. 3d 1060
La. Ct. App. 1st Cir. 2010
” In Wagster , the issue was whether the father and owner of the residence could consent to the search of his son’s van, which was parked in the backyard.
- State v. Harper 970 So. 2d 592 La. Ct. App. 1st Cir. 2007
- State v. Walton 957 So. 2d 133 La. 2007
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State v. Moses
932 So. 2d 701
La. Ct. App. 5th Cir. 2006
Therefore, : "* * * (Q)uestioning of witnesses in a criminal jury trial by the judge is a practice to be avoided unless deemed indispensible to a fair and impartial trial.
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State v. Fish
926 So. 2d 493
La. 2006
("[I]t is ordinarily incumbent upon the proponent of a motion to move for a hearing date on that motion.
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State v. Cambre
902 So. 2d 473
La. Ct. App. 5th Cir. 2005
1385 , 67 L.Ed.2d 359 (1981); State v. Wagster, *484
- State v. Maten 899 So. 2d 711 La. Ct. App. 1st Cir. 2005
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State of Louisiana v. Kenry James Lewis
La. Ct. App. 3d Cir. 2004
2041, 36 L.Ed.2d 854 (1973)
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State v. Lewis
878 So. 2d 758
La. Ct. App. 1st Cir. 2004
2041 , 36 L.Ed.2d 854 (1973)
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State v. Zapata
713 So. 2d 1152
La. Ct. App. 5th Cir. 1998
988 , 39 L.Ed.2d 242 (1974); (La.App.
- State v. Carter 684 So. 2d 432 La. Ct. App. 1st Cir. 1996
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State v. Isaacs
658 So. 2d 29
La. Ct. App. 5th Cir. 1995
988 , 39 L.Ed.2d 242 (1974); (La.App.
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State v. Watkins
621 So. 2d 157
La. Ct. App. 1st Cir. 1993
quoting United States v. Matlock, 415 U.S. 164 , 94 S.Ct.
- State v. Williams 618 So. 2d 914 La. Ct. App. 1st Cir. 1993
- State v. Sanders 618 So. 2d 904 La. Ct. App. 1st Cir. 1993
- State v. Williams 610 So. 2d 991 La. Ct. App. 1st Cir. 1992
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State v. Martin
543 So. 2d 1020
La. Ct. App. 3d Cir. 1989
Accordingly, absent a written motion for continuance
- State v. Griffin 540 So. 2d 1144 La. Ct. App. 1st Cir. 1989
- State v. Coates 509 So. 2d 438 La. Ct. App. 1st Cir. 1987
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Wilson v. Travelers Insurance Co.
476 So. 2d 890
La. Ct. App. 2d Cir. 1985
Henson v. Copeland, supra.
- State v. Johnson 458 So. 2d 539 La. Ct. App. 4th Cir. 1984
- Henson v. Copeland 451 So. 2d 41 La. Ct. App. 2d Cir. 1984
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State v. Hudson
404 So. 2d 460
La. 1981
988 , 39 L.Ed.2d 242 (1974)
- State v. Jones 395 So. 2d 751 La. 1981
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State v. Bodley
394 So. 2d 584
La. 1981
2041 , 36 L.Ed.2d 854 (1973)
- State v. Packard 389 So. 2d 56 La. 1980
- State v. Dye 384 So. 2d 420 La. 1980
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State v. Williams
375 So. 2d 1379
La. 1979
Therefore, : "* * * [Q]uestioning of witnesses in a criminal jury trial by the judge is a practice to be avoided unless deemed indispensible to a fair and impartial trial.
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State v. Wilkerson
367 So. 2d 319
La. 1979
988 , 39 L.Ed.2d 242 (1974)
- State v. Stovall 363 So. 2d 658 La. 1978