Cited by
Opinions in Louisiana that cite State v. Bouffanie, 364 So. 2d 971.
- State of Louisiana v. Aaron W. Ardoin La. Ct. App. 3d Cir. 2011
- State v. Ardoin 58 So. 3d 1025 La. Ct. App. 1st Cir. 2011
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State v. Ned
525 So. 2d 9
La. Ct. App. 1st Cir. 1988
involved a defendant who similarly claimed that his confession was made while he was having symptoms of drug withdrawals and that the police refused him medical assistance until he would make a statement.
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State v. Hanson
460 So. 2d 1090
La. Ct. App. 2d Cir. 1984
defendant was suffering from heroin withdrawal when he was arrested one morning.
- State v. Jones 451 So. 2d 35 La. Ct. App. 2d Cir. 1984
- State v. David 425 So. 2d 1241 La. 1983
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State v. Loyd
425 So. 2d 710
La. 1982
State v. Rodrigue, supra , (La.
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State v. Quimby
419 So. 2d 951
La. 1982
Additionally, we note that defense counsel argues that had he proved Staggs' confession was illegally induced or obtained
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State v. Edwards
419 So. 2d 881
La. 1982
: "Before a confession or inculpatory statement can be introduced in evidence the State must prove affirmatively and beyond a reasonable doubt that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises...."
- State v. Rodrigue 409 So. 2d 556 La. 1982
- State v. Willie 410 So. 2d 1019 La. 1982
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State v. Smith
396 So. 2d 879
La. 1981
we applied the procedure and burden of proof governing challenges to the truthfulness of factual statements in a search warrant affidavit, see Franks v. Delaware, 438 U.S. 154 , 98 S.Ct.
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State v. Haynie
395 So. 2d 669
La. 1981
However, at 973 (La.1978), due to the state's burden of proving voluntariness, it must: "rebut specific testimony introduced by the defendant concerning factual circumstances which indicate coercive measures or intimidation.
- State v. Brown 395 So. 2d 1301 La. 1981
- State v. Smith 392 So. 2d 454 La. 1980
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State v. Ogden
391 So. 2d 434
La. 1980
Franks v. Delaware, supra; (La.
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State v. Thucos
390 So. 2d 1281
La. 1980
2022 , 29 L.Ed.2d 564 (1971); , (La.1978).
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State v. Williams
385 So. 2d 214
La. 1980
this court considered the question of whether one against whom evidence was acquired by the use of involuntary statements of a third person has standing under our Constitution to challenge the admission of the evidence on the ground of the violation of the third person's rights.
- State v. Napier 385 So. 2d 776 La. 1980
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State v. Franklin
381 So. 2d 826
La. 1980
this Court has repeatedly held that "[b]efore a confession or inculpatory statement can be introduced in evidence the State must prove affirmatively and beyond a reasonable doubt that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, threats, inducements
- State v. Pomes 376 So. 2d 133 La. 1979
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State v. Singleton
376 So. 2d 143
La. 1979
It is difficult to understand how the majority can ignore the problem, particularly since we recently discussed the question at some length, and the issue was called to our attention again by the briefs in this case.
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State v. Stevenson
374 So. 2d 1189
La. 1979
( 305 So.2d at 912 ) See, also, (1978); (La.