Cited by
Opinions in Louisiana that cite State v. Strain, 585 So. 2d 540.
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State v. Potts
747 So. 2d 106
La. Ct. App. 2d Cir. 1999
State v. Dunn, 30,269 (La.App.2d Cir.2/25/98), .
- State v. Rison 746 So. 2d 46 La. Ct. App. 2d Cir. 1999
- State v. Gaar 746 So. 2d 41 La. Ct. App. 2d Cir. 1999
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State v. Acosta
740 So. 2d 613
La. 1999
Writ granted and remanded to the Fifth Circuit Court of Appeals for briefing, argument, and State v. Carlos, 98-KK-1366
- State v. Burford 738 So. 2d 1158 La. Ct. App. 2d Cir. 1999
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State v. Sudds
730 So. 2d 1056
La. Ct. App. 2d Cir. 1999
held that whether an accused has knowingly and intelligently waived his right to counsel is a question which depends on the facts and circumstances of each case.
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State v. George
743 So. 2d 685
La. Ct. App. 5th Cir. 1999
State v. Guccione, 96-1049 (La.App.
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State v. Deshotel
730 So. 2d 994
La. Ct. App. 1st Cir. 1999
“While the judge need not inquire into each and every factor [set forth above], in order to establish a valid waiver of the right to counsel at trial, there must be sufficient inquiry (preferably by an interchange with the accused that elicits more than ‘yes’ and ‘no’ responses) to establish on the record a knowing and intelligent waiver under the overall circumstances.”
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State v. Post
729 So. 2d 38
La. Ct. App. 5th Cir. 1999
The Louisiana Supreme Court discussed elements of a (La.
- State v. White 727 So. 2d 574 La. Ct. App. 1st Cir. 1998
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State v. Inzina
728 So. 2d 458
La. Ct. App. 2d Cir. 1998
Regarding the waiver of the right to counsel, stated that the judge should advise the defendant of his right to counsel and to appointed counsel if he is indigent.
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State v. Stevison
721 So. 2d 843
La. 1998
Before a court may accept an uncounseled plea to a misdemeanor offense in Louisiana, it must expressly advise the accused of his right to counsel and to appointed counsel if he is indigent, and determine, "`on the record that the waiver is made knowingly and intelligently under the circumstances.'" Deroche , 96-1376, p. 1, 682 So.2d at 1252 ().
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Explained
State v. Drumgole
721 So. 2d 956
La. Ct. App. 2d Cir. 1998
In the writ order, this court noted that "this incomplete record does not show a proper waiver of counsel" and set forth the guidelines for securing a : The judge, in accepting a waiver of counsel at trial, should advise the accused of the nature of the charges and the penalty range, should inquire into the accused's age, education and mental condition, and should determine according to the totality of the circumstances whether the accused *960 underst
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State v. Lambert
720 So. 2d 724
La. Ct. App. 3d Cir. 1998
In Louisiana, acknowledged that no talismanic words or phrases were necessary and that less judicial inquiry on the part of a trial judge is permissible in the misdemeanor guilty-plea context vis-a-vis the felony guilty-plea context, but that a waiver must be nonetheless determined by the court to be knowing and intellig
- State v. Branch 714 So. 2d 1277 La. Ct. App. 2d Cir. 1998
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State v. Authement
713 So. 2d 1226
La. Ct. App. 1st Cir. 1998
-44 (La.1991); State v. Marcoux, 96-0453, pp. 2-3 (La.App.
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State v. Dunn
713 So. 2d 479
La. Ct. App. 2d Cir. 1998
Faretta, supra; State v. Moore, 29,212 (La.App.
- State v. Lodrigue 712 So. 2d 671 La. Ct. App. 1st Cir. 1998
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State v. Treadway
710 So. 2d 1121
La. Ct. App. 5th Cir. 1998
State v. Guccione, 96-1049, p. 8 (La.App.
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State v. Guidry
709 So. 2d 233
La. Ct. App. 1st Cir. 1998
The defendant filed a motion to quash the bill of information, (La.App.
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State v. Garrity
708 So. 2d 1096
La. Ct. App. 5th Cir. 1998
792 , 9 L.Ed.2d 799 (1963)
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State v. Thomas
702 So. 2d 1151
La. Ct. App. 1st Cir. 1997
We note “[t]he crime of driving while intoxicated is a non-complex crime, even among misdemeanors, and is almost self-explanatory.”
- State v. Snider 707 So. 2d 1262 La. Ct. App. 2d Cir. 1997
- State v. Nelson 712 So. 2d 136 La. Ct. App. 2d Cir. 1997
- State v. Sadler 693 So. 2d 866 La. Ct. App. 1st Cir. 1997
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State v. Mahogany
694 So. 2d 505
La. Ct. App. 4th Cir. 1997
citing Von Moltke v. Gillies, 332 U.S. 708 , 68 S.Ct.
- State v. Guccione 694 So. 2d 1060 La. Ct. App. 5th Cir. 1997
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State v. Marcoux
691 So. 2d 775
La. Ct. App. 1st Cir. 1997
-44 (La.1991), affirming (La.App.
- State v. Price 690 So. 2d 191 La. Ct. App. 5th Cir. 1997
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State v. Moore
687 So. 2d 647
La. Ct. App. 2d Cir. 1997
884 , 8 L.Ed.2d 70 (1962)
- State v. Deroche 682 So. 2d 1251 La. 1996
- State v. Deroche 674 So. 2d 291 La. Ct. App. 1st Cir. 1996
- State v. Fritcher 672 So. 2d 295 La. Ct. App. 1st Cir. 1996
- State v. Stewart 656 So. 2d 677 La. Ct. App. 2d Cir. 1995
- State v. Bond 650 So. 2d 354 La. Ct. App. 5th Cir. 1995
- State v. Penson 630 So. 2d 274 La. Ct. App. 1st Cir. 1993
- State v. Hattaway 621 So. 2d 796 La. 1993
- State v. Morris 619 So. 2d 184 La. Ct. App. 3d Cir. 1993
- State v. Ladner 619 So. 2d 1144 La. Ct. App. 1st Cir. 1993
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State v. Gable
614 So. 2d 808
La. Ct. App. 2d Cir. 1993
2006 , 32 L.Ed.2d 530 (1972); (La.
- State v. Rivers 614 So. 2d 254 La. Ct. App. 3d Cir. 1993
- State v. Finigan 604 So. 2d 1299 La. 1992
- State v. Castillo 595 So. 2d 717 La. Ct. App. 1st Cir. 1992
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State v. Lawrence
600 So. 2d 1341
La. Ct. App. 1st Cir. 1991
1st Cir.1990), affirmed, this court, sitting en banc, (La.App.
- State v. Pugh 588 So. 2d 702 La. 1991
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State v. Aultman
585 So. 2d 545
La. 1991
consolidated for argument with this case and also decided this day, the rulings of the lower courts are affirmed.