Cited by
Opinions in Louisiana that cite State v. Peart, 621 So. 2d 780.
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State of Louisiana v. Timothy H. Queen A/K/A Timothy Hugh Queen
La. Ct. App. 3d Cir. 2024
Defendant seeks review of the trial court’s following a remand by this court ordering an evidentiary hearing.1 FACTUAL AND PROCEDURAL BACKGROUND On January 15, 2009, Defendant, was charged by grand jury indictment with one count of armed robbery, a violation of La.R.S.
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State of Louisiana v. Dexta Zayshawn Hall
La. Ct. App. 3d Cir. 2024
Issues involving ineffective assistance of counsel are typically relegated to post-conviction relief; however, “[w]hen ‘the record discloses evidence needed to decide the issue,’ an appellate court may decide it.” ().” Ms. Brown’s testimony was sufficiently corroborated by other available evidence.
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State of Louisiana v. Nathaniel Mitchell, III
La. Ct. App. 3d Cir. 2024
Issues involving ineffective assistance of counsel are typically relegated to post-conviction relief; however, “[w]hen ‘the record discloses evidence needed to decide the issue,’ an appellate court may decide it.” ().” Claims of ineffective assistance are evaluated under the two-prong test established 12 in Strickland v. Washington, 466 U.S. 668, 104 S.Ct.
- State of Louisiana Versus Lawrence Sly La. Ct. App. 5th Cir. 2023
- State of Louisiana Versus Jerman Neveaux La. Ct. App. 5th Cir. 2021
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Joseph Allen, Steven Ayres, Ashley Hurlburt, Rory Kevin Gates, James Howard, Demarcus Morrow, Rodney Waller, Keith Arcement, Frederick …
La. Ct. App. 1st Cir. 2021
> Defendants’ exceptions and defenses were based on several arguments: (1) Article I, § 13 of the Louisiana Constitution places all power and authority to create and regulate an indigent defender system on the legislature and, due to separation of powers, neither the executive branch nor the judicial branch may intervene; (2) (La.
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State Of Louisiana v. Roderick L. Covington, Samantha Kelly, And Kiffany Spears
La. 2020
Project since it was based on the “Delphi Method,” contending, inter alia, that the De lphi Method produced unreliable generalized conclusions about the Louisiana public defender system and, further, that State v. Peart , (La.
- State of Louisiana v. Arijoray Lavon Copeland La. Ct. App. 2d Cir. 2019
- State of Louisiana v. Charles P. Mayeux, Jr. AKA Charles P. Mayeux La. Ct. App. 3d Cir. 2019
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State v. Mayeux
265 So. 3d 1096
La. Ct. App. 1st Cir. 2019
State v. Peart , , 787 (La.1993).
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State of Louisiana v. Timothy H. Queen -Aka- Timothy Hugh Queen
La. Ct. App. 3d Cir. 2018
3 Cir. 2/23/16) (unpublished opinion), this court noted that Defendant’s representation was a “hybrid representation,” and thus
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State v. Queen
237 So. 3d 547
La. Ct. App. 1st Cir. 2018
PRO SE ASSIGNMENT OF ERROR: Defendant alleges the trial court erred in denying two pre-trial motions he filed pursuant to State v. Peart , (excessive caseload may result in failure to provide effective assistance of counsel).
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State of Louisiana v. Michael Kees
La. Ct. App. 3d Cir. 2017
State v. Young, 99-1054 (La.App.
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State ex rel. Marcell v. State
193 So. 3d 138
La. 2016
This is necessary,,.because effectiveness of counsel cannot be defined in a vacuum, but rather requires an individual, fact-specific inquiry.”
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State v. Singleton
216 So. 3d 985
La. Ct. App. 1st Cir. 2016
2052 , 80 L.Ed.2d 674 (1984); (La.
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State v. Lee
181 So. 3d 631
La. 2015
Lee, 05-2098, pp. *635 42-43, 976 So.2d at 138 ( (excessive caseload may result in failure to provide effective assistance)).
- Bureau of Governmental Research v. HCR 143 Committee 151 So. 3d 809 La. Ct. App. 1st Cir. 2014
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State v. Noel
151 So. 3d 706
La. Ct. App. 1st Cir. 2014
OPD filed a motion on March 26, 2007, naming defendant as a
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State v. Clark
149 So. 3d 443
La. Ct. App. 1st Cir. 2014
State v. Burkhalter, 428 So.2d *446 449, 456 (La.1983)..
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State ex rel. D.V.
144 So. 3d 1097
La. Ct. App. 1st Cir. 2014
State v. McCarthy, 12-0342, p. 4 (La.App.
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State v. Marzett
123 So. 3d 831
La. Ct. App. 1st Cir. 2013
State v. McCarthy, 12-0342, p. 4 (La.App.
- State v. Buhcannon 112 So. 3d 312 La. Ct. App. 1st Cir. 2013
- State v. Stovall 102 So. 3d 994 La. Ct. App. 1st Cir. 2012
- State v. Robinson 102 So. 3d 922 La. Ct. App. 5th Cir. 2012
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State v. Andres
100 So. 3d 953
La. Ct. App. 1st Cir. 2012
4 Cir. 11/8/06) , unpub.
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Vizzi v. Lafayette City-Parish Consolidated Government
93 So. 3d 1260
La. 2012
te v. Citizen, 04-1841 (La.4/1/05), (funding for indigent defense); Prator v. Caddo Parish, 04-0794 (La.12/1/04), (dispute between parish and sheriff over funding obligations at parish correctional center); State v. Craig, 93-2515 (La.5/23/94), (funding for indigent defendants’ expert witnesses and investigative services in capital cases); (funding for indigent defense); (funding for indigent defendant’s witnesses); State v. Mejia, 250 La.
- State v. Dauzart 89 So. 3d 1214 La. Ct. App. 1st Cir. 2012
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State of Louisiana v. Martin P. Broussard
La. Ct. App. 3d Cir. 2012
State v. McIntyre, supra.
- State of Louisiana v. Devonta Mitchell La. Ct. App. 3d Cir. 2012
- State v. Carter 84 So. 3d 499 La. 2012
- State of Louisiana v. Leonard Lewis La. Ct. App. 3d Cir. 2010
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State v. Lewis
33 So. 3d 1046
La. Ct. App. 1st Cir. 2010
The Defendant then indicates that his constitutional rights were violated and cites State v. Touchet, 93-2839 (La.9/6/94)
- State v. Reeves 11 So. 3d 1031 La. 2009
- State v. Johnson 9 So. 3d 1084 La. Ct. App. 1st Cir. 2009
- State v. Myers 981 So. 2d 214 La. Ct. App. 5th Cir. 2008
- State v. Parks 977 So. 2d 1015 La. Ct. App. 5th Cir. 2008
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State v. Lee
976 So. 2d 109
La. 2008
(excessive caseloads and the insufficient support with which their attorneys must work may result in failure to provided effective assistance of counsel); see also e.g., State v. Robinson, 01-1305 (La.App.
- State v. Williams 926 So. 2d 665 La. Ct. App. 5th Cir. 2006
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State v. Singleton
923 So. 2d 803
La. Ct. App. 5th Cir. 2006
State v. Addison, 788 So.2d at 615
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State v. Tran
919 So. 2d 787
La. Ct. App. 5th Cir. 2005
State v. McIntyre, supra .
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State v. Jarreau
921 So. 2d 155
La. Ct. App. 1st Cir. 2005
See, e.g., State v. Cunningham, 2004-2200 (La.6/13/05), (Johnson, J., dissenting), where Justice Johnson stated that “[w]e know from experience that public defenders are overworked and assigned hundreds of cases” and “have limited staff for investigation and fewer financial resources.” where the Supreme Court said that “[i]n light of the unchallenged evidence in the record, we find that because of the excessive caseloads and the insufficient support with which their attorneys must work, indigent
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State v. Collins
910 So. 2d 454
La. Ct. App. 5th Cir. 2005
State v. Young, 99-1054 (La.App.
- Marionneaux v. Hines 902 So. 2d 373 La. 2005
- State v. Citizen 898 So. 2d 325 La. 2005
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State v. Taylor
887 So. 2d 589
La. Ct. App. 5th Cir. 2004
State v. McIntyre, supra .
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State v. Forrest
876 So. 2d 187
La. Ct. App. 5th Cir. 2004
State v. McIntyre, supra .
- State v. Lee 879 So. 2d 173 La. Ct. App. 1st Cir. 2004
- State v. Rhea 868 So. 2d 863 La. Ct. App. 5th Cir. 2004
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State v. Guilbeau
869 So. 2d 201
La. Ct. App. 5th Cir. 2004
State v. Bell , 02-1127 at p. 6, 840 So.2d at 660 .
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State v. Washington
866 So. 2d 973
La. Ct. App. 1st Cir. 2004
State v. McIntyre, supra.