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Cited by

Opinions in Louisiana that cite State v. Graham, 360 So. 2d 853.

32 citing documents.

  • State of Louisiana v. Ricky Joseph Langley La. Ct. App. 3d Cir. 2011
  • State v. Langley 61 So. 3d 747 La. Ct. App. 1st Cir. 2011
  • State v. Shirley 10 So. 3d 224 La. 2009
  • State v. Bell 947 So. 2d 774 La. Ct. App. 4th Cir. 2006
  • State v. Meredith 833 So. 2d 1125 La. Ct. App. 2d Cir. 2002
  • State v. Wells 559 So. 2d 531 La. Ct. App. 2d Cir. 1990
    the court explained the rationale: A conviction obtained through chemical test legislation, which not only destroys a defendant's presumption of innocence but also severely restricts any possibility of a defendant proving his innocence, must be reversed if not accompanied by all of the safeguards designed t
  • State v. Johnson 553 So. 2d 865 La. Ct. App. 1st Cir. 1989
  • State v. Rowell 517 So. 2d 799 La. 1988
  • State v. Franklin 511 So. 2d 108 La. Ct. App. 3d Cir. 1987
    14:98, 32:661-32:663; (La.App.
  • 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
  • State v. Blanchard 498 So. 2d 211 La. Ct. App. 1st Cir. 1986
    “A conviction obtained through chemical test legislation, which not only destroys a defendant’s presumption of innocence but also severely restricts any possibility of a defendant proving his innocence, must be reversed if not accompanied by all of the safeguards designed to insure reliable chemical analysis.”
  • State v. Fairleigh 490 So. 2d 490 La. Ct. App. 4th Cir. 1986
  • State v. Downer 460 So. 2d 1184 La. Ct. App. 2d Cir. 1984
  • State v. Tanner 457 So. 2d 1172 La. 1984
  • State v. Corkran 448 So. 2d 1346 La. Ct. App. 3d Cir. 1984
    discussed the burden placed on a defendant by the presumption established by a blood alcohol test and, with regard to that burden held: "A conviction obtained through chemical test legislation, which not only destroys a defendant's presumption of innocence *1353 but also severely restricts any possibility o
  • State v. Dayton 445 So. 2d 76 La. Ct. App. 2d Cir. 1984
  • State v. Humphrey 445 So. 2d 1155 La. 1984
  • Conley v. Liberty Mut. Ins. Co. 421 So. 2d 254 La. Ct. App. 4th Cir. 1982
    That failure might be fatal to a criminal prosecution, where the standard of proof is proof beyond a reasonable doubt; see
  • State v. Green 418 So. 2d 609 La. 1982
  • State v. Bartholmew 411 So. 2d 1182 La. Ct. App. 1st Cir. 1982
    all convictions prior to that decision wherein a defendant was found guilty by reason of the findings of a machine determining the amount of alcohol in a person’s body were effectively overruled.
  • 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
    In rejecting that argument, : "The wrongful introduction of a chemical analysis which by law presumed the defendant to be under the influence of alcohol at the time of his arrest was manifestly prejudicial to the defendant's case.
  • 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.
  • 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.
  • 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. Graham 375 So. 2d 374 La. 1979
    applying for Supervisory Writs, Parish of E. Baton Rouge, .
  • State v. Catanese 368 So. 2d 975 La. 1979
  • City of Baton Rouge v. Overton 367 So. 2d 305 La. 1979
    we held that it was reversible error to admit in evidence the result of a PEI test where the state has not properly proven that the test was performed in full compliance with this section of the rules and regulations even though there is independent evidence of intoxication in the record.
  • State v. Sisson 361 So. 2d 1209 La. 1978
    our docket No. 61,540, rendered June 19, 1978.