Cited by
Opinions in Louisiana that cite State v. Rowell, 517 So. 2d 799.
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State v. Zachary
973 So. 2d 176
La. Ct. App. 1st Cir. 2007
1987), affirmed and amended, (La.
- State v. Price 952 So. 2d 112 La. Ct. App. 1st Cir. 2006
- 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. Pooler 696 So. 2d 22 La. Ct. App. 1st Cir. 1997
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Judd v. State, Dept. of Transp. and Development
663 So. 2d 690
La. 1995
Plaintiffs' primary complaint, (La.
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State v. Spencer
663 So. 2d 271
La. Ct. App. 3d Cir. 1995
to argue that because the PCR method was not widely used when the above statute was passed, this testing was not contemplated by the statute's authors.
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State v. Ruiz
630 So. 2d 897
La. Ct. App. 4th Cir. 1993
the court found the regulations on blood analysis were insufficient, and thus the gas chromatography test results were inadmissible in a prosecution for operating a motor vehicle under the influence of alcohol.
- State v. Barker 629 So. 2d 1119 La. 1993
- State v. Charles 617 So. 2d 895 La. 1993
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State v. Butler
615 So. 2d 496
La. Ct. App. 3d Cir. 1993
Defendant objected to the introduction of the evidence
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State v. Ristom
607 So. 2d 655
La. Ct. App. 1st Cir. 1992
The regulation concerning blood alcohol testing was amended in 1988 as a result of the Louisiana Supreme Court’s
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Gore v. City of Pineville
598 So. 2d 1122
La. Ct. App. 1st Cir. 1992
as intoxicated at the time of his work accident, and that his intoxication caused his injuries; (2) Pineville failed to lay a foundation for the admission of the blood test results; and, (3) before the trial court should have considered the blood alcohol test results, it was incumbent upon Pineville to prove beyond a was met.
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Socorro v. City of New Orleans
579 So. 2d 931
La. 1991
in which we gave directives for the proper foundation and predicate that must be established to ensure the integrity and reliability of blood alcohol tests.
- State v. Trahan 576 So. 2d 1 La. 1991
- State v. Yates 574 So. 2d 566 La. Ct. App. 3d Cir. 1991
- State v. Fitch 572 So. 2d 677 La. Ct. App. 1st Cir. 1990
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Wells v. State Farm Mut. Auto. Ins. Co.
573 So. 2d 223
La. Ct. App. 1st Cir. 1990
[3] to support his contention that the testing procedures were inadequate.
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State v. Benoit
570 So. 2d 490
La. Ct. App. 1st Cir. 1990
as not asked to take an alcohol test; 2) There was no clearly established chain of evidence with regard to the delivery and handling of the blood kit used and, 3) The State’s failure to establish and/or adhere to reasonable, promulgated procedures with regard to blood analysis and/or the repair
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Lee v. Missouri Pacific R. Co.
566 So. 2d 1052
La. Ct. App. 2d Cir. 1990
plaintiffs contend that the trial judge erred in admitting into evidence a blood alcohol test showing that Lee had a blood alcohol content of .08 one hour and 30 minutes after the accident.
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State v. McElroy
568 So. 2d 1016
La. 1990
I cannot subscribe, however, to the majority’s dicta regarding the admissibility of blood alcohol readings that do not comply with the Department of Public Safety regulations or this court’s
- State v. Honeyman 565 So. 2d 961 La. Ct. App. 2d Cir. 1990
- State v. Schaub 563 So. 2d 974 La. Ct. App. 1st Cir. 1990
- State v. Christopher 561 So. 2d 935 La. Ct. App. 2d Cir. 1990
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State v. Honeyman
560 So. 2d 825
La. 1990
to find that the results of the blood alcohol test should not have been admitted into evidence.
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State v. Chauvin
560 So. 2d 920
La. Ct. App. 1st Cir. 1990
The trial court erroneously denied defendant’s
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State v. Wells
559 So. 2d 531
La. Ct. App. 2d Cir. 1990
where the state attempted to offer the results of a gas chromatograph test; the court found that regulations pertaining to Intoxilyzers were inadequate to assure reliable results.
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Socorro v. Orleans Levee Bd.
561 So. 2d 739
La. Ct. App. 4th Cir. 1990
In refusing to give any weight to this evidence
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State v. Hebert
559 So. 2d 821
La. Ct. App. 3d Cir. 1990
our Supreme Court recognized that: "This court has repeatedly recognized the importance of establishing safeguards to guarantee the accuracy of chemical tests used in criminal prosecutions.
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State v. Allison
554 So. 2d 262
La. Ct. App. 1st Cir. 1989
the defendant first argues that these results were tainted because the State failed to prove that the regulations governing blood tests were sufficient to insure their integrity and reliability.
- State v. McElroy 553 So. 2d 456 La. 1989
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State v. Johnson
553 So. 2d 865
La. Ct. App. 1st Cir. 1989
in which the Louisiana Supreme Court found the provisions regulating blood-alcohol tests were inadequate.
- State v. Glath 549 So. 2d 897 La. Ct. App. 1st Cir. 1989
- State v. Honeyman 545 So. 2d 698 La. Ct. App. 2d Cir. 1989
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State v. Stubbs
544 So. 2d 90
La. Ct. App. 3d Cir. 1989
By these assignments of error, and that because of the unreliability of the test, the evidence was irrelevant and should not have been admitted.
- State v. McElroy 541 So. 2d 1386 La. 1989
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Gray v. Department of Police
543 So. 2d 525
La. Ct. App. 1st Cir. 1989
32:662(A)(1)(C).” The Commission recognized that the results of the blood test would not be admissible in a but held that they were admissible in an administrative hearing.
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State v. Trahan
543 So. 2d 984
La. Ct. App. 3d Cir. 1989
in ruling that the test results were inadmissible as evidence.
- Faught v. RYDER/P I E NATIONWIDE, INC. 543 So. 2d 918 La. Ct. App. 1st Cir. 1989
- State v. Hill 531 So. 2d 463 La. 1988
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State v. Fairbanks
531 So. 2d 1145
La. Ct. App. 1st Cir. 1988
We need not address the excessive sentence issue because, we find the trial court wrongfully denied defendant’s motion to suppress the chemical test.
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State v. Parms
523 So. 2d 1293
La. 1988
[5] (1988), this court did not hold that blood tests for alcohol content can never be conducted under proper procedures, but rather held that the regulations then in effect were insufficient to insure the reliability of the test results which could otherwise be used in court to conclusively establish drunkenness.
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State v. Lindsey
524 So. 2d 253
La. Ct. App. 1st Cir. 1988
the Louisiana Supreme Court declared that in order for the prosecution to utilize the statutory presumption of intoxication arising from the chemical analysis of a defendant’s blood pursuant to LSA-R.S.
- State v. Boling 520 So. 2d 415 La. 1988
- State v. Thrash 520 So. 2d 416 La. 1988
- State v. Berluchaux 522 So. 2d 600 La. Ct. App. 1st Cir. 1988