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Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite State v. Fernandez, 712 So. 2d 485.

43 citing documents.

  • State of Louisiana in the Interest of D.D. La. 2025
  • State of Louisiana v. Dewayne Willie Watkins La. Ct. App. 2d Cir. 2024
    4/14/98), and anyone with an IQ between 50 and 69 cannot waive Miranda, State v. Anderson, 379 So.
  • State of Louisiana v. Joshua Darelle Lewis La. Ct. App. 2d Cir. 2020
    4/14/98), State v. Terrick, 03-515 (La.
  • State ex rel. D.S. 255 So. 3d 1209 La. Ct. App. 1st Cir. 2018
    4/14/98), , gives guidance to this issue by requiring a more in-depth totality of the circumstances analysis as to juvenile defendants; however, it does not abrogate the basic tenets of a "custody vs. in custody" legal analysis.
  • In re State 240 So. 3d 310 La. Ct. App. 5th Cir. 2018
  • State ex rel. W.B. 206 So. 3d 974 La. Ct. App. 1st Cir. 2016
    4/14/98), -87 ); see State in Interest of S.L., 11-883, pp. 17-18 (La.App.
  • State in the Interest of J.J.M. La. Ct. App. 3d Cir. 2016
    4/14/98), -87 (footnote omitted).
  • State ex rel. J.J.M. 207 So. 3d 609 La. Ct. App. 1st Cir. 2016
    4/14/98), -87 (footnote omitted).
  • State v. Thomas 201 So. 3d 263 La. Ct. App. 1st Cir. 2016
    1428 , 18 L.Ed.2d 527 (1967); State v. Fernandez, 96-2719 (La.4/14/98), ; State v. Fisher, 46,997 (La.App.2d Cir.2/29/12), .
  • State ex rel. C.H. 183 So. 3d 567 La. Ct. App. 1st Cir. 2015
    See State v. Fernandez, 96-2719 (La.4/14/98), -90 ; State v. Harper, 2007-0299 (La.App.
  • State v. Estes 168 So. 3d 847 La. Ct. App. 1st Cir. 2015
    Defendant argues that the State attempted to “shoe-horn” Deputy Bradley’s questioning of her into the “merely intended for clarification” -26 (La.1982) and State v. Fernandez, 96-2719, when there was nothing that needed clarification.
  • State v. Harrell 120 So. 3d 743 La. Ct. App. 1st Cir. 2013
    In State v. Fernandez, 96-2719 (La.4/14/98), , the Louisiana Supreme Court held that the confession of an accused of any age is valid only if it was given knowingly and voluntarily.
  • State ex rel. S.L. 94 So. 3d 822 La. Ct. App. 1st Cir. 2012
    ning the validity of a waiver, courts should consider the totality of the circumstances, which includes an assessment of the “juvenile’s age, experience, education, background, and intelligence and into whether he has the capacity to understand the warnings given him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights.” State v. Fernandez, 96-2719 (La.4/14/98), (citation omitted).
  • State v. Fisher 87 So. 3d 189 La. Ct. App. 2d Cir. 2012
    1428 , 18 L.Ed.2d 527 (1967); | 8State v. Fernandez, 96-2719 (La.4/14/98), .
  • State v. Clofer 80 So. 3d 639 La. Ct. App. 1st Cir. 2011
    In State v. Fernandez, 96-2719, p. 5 (La.4/14/98), , however, the Louisiana Supreme | fiCourt held that the confession of an accused of any age is valid if it was knowingly and voluntarily given.
  • State v. Lathers 15 So. 3d 1068 La. Ct. App. 1st Cir. 2009
    State v. Fernandez, 96-2719 (La.4/14/98), .
  • State in the Interest of J.E. T. La. Ct. App. 3d Cir. 2009
    186, 62 L.Ed.2d 121 (1979); State v. Fernandez, 96-2719, p. 7 (La.4/4/98)
  • State ex rel. J.E.T. 10 So. 3d 1264 La. Ct. App. 1st Cir. 2009
    186 , 62 L.Ed.2d 121 (1979); State v. Fernandez, 96-2719, p. 7 (La.4/4/98), .
  • State Ex Rel. Jet 10 So. 3d 1264 La. Ct. App. 3d Cir. 2009
    186 , 62 L.Ed.2d 121 (1979); State v. Fernandez, 96-2719, p. 7 (La.4/4/98), .
  • State Ex Rel. Ab 983 So. 2d 934 La. Ct. App. 5th Cir. 2008
    State v. Fernandez, 96-2719, p. 7 (La.4/4/98), .
  • State ex rel. A.B. 983 So. 2d 934 La. Ct. App. 1st Cir. 2008
    The determination of whether a waiver of constitutional rights is knowingly and voluntarily is made on a case-by-case basis and such a determination rests upon the “totality of the circumstances.” State v. Fernandez, 96-2719, p. 7 (La.4/4/98), .
  • State v. Neher 969 So. 2d 1252 La. 2007
    Even if the OCS agent could be temporarily relieved of her oath and duty to the State, the writ in this matter should be granted.
  • State v. Harper 970 So. 2d 592 La. Ct. App. 1st Cir. 2007
    In State v. Fernandez, 96-2719, p. 10 (La.4/14/98), , the Louisiana Supreme Court reinstated the totality of the circumstances standard as the basis for determining the admissibility of juvenile confessions.
  • State v. Reed 924 So. 2d 1064 La. Ct. App. 1st Cir. 2006
    A determination as to voluntariness of a statement is made on a case-by-case basis and is based upon a “totality of the circumstances.” State v. Fernandez, 96-2719 (La.4/14/98), ; State v. McGee, 04-963 (La.App.
  • State v. Johnson 917 So. 2d 576 La. Ct. App. 5th Cir. 2005
    State v. Fernandez, 96-2719, (La.4/14/98), ; State v. McGee, 894 So.2d at 407 .
  • State v. Williams 918 So. 2d 466 La. Ct. App. 5th Cir. 2005
    [12] State v. Fernandez, 96-2719, p. 7 (La.4/4/98), ; State v. McGee , 04-963 at pp. 11-12, 894 So.2d at 407.
  • State v. James 897 So. 2d 821 La. Ct. App. 4th Cir. 2005
    However, as per State v. Fernandez, 96-2719 (La.4/14/98), , police officers are no longer required to have an interested adult present when questioning a juvenile, if indeed the defendant would have been considered to have been a juvenile when he was questioned.
  • State v. McGee 894 So. 2d 398 La. Ct. App. 5th Cir. 2005
    State v. Fernandez, 96-2719, p. 7 (La.4/4/98), ; State v. Terrick , 03-515 at p. 10, 857 So.2d at 1159 .
  • State v. Brown 879 So. 2d 1276 La. 2004
    722 , 58 L.Ed.2d 706 (1978), rev'd on other grounds, State v. Fernandez, 96-2719 (La.4/14/98), .
  • State v. Terrick 857 So. 2d 1153 La. Ct. App. 5th Cir. 2003
    186 , 62 L.Ed.2d 121 (1979); State v. Fernandez, 96-2719, p. 7 (La.4/4/98), .
  • State v. Raiford 846 So. 2d 913 La. Ct. App. 4th Cir. 2003
    However, in State v. Fernandez, 96-2719 (La.4/14/98), , the Louisiana Supreme Court overruled Dino and reinstated the totality of the circumstances standard applicable to adults which prevailed as to juveniles prior to Dino.
  • State v. Williams 831 So. 2d 835 La. 2002
    See State v. Fernandez, 96-2719, p. 8 n. 5 (La.4/14/98), .
  • State v. Moore 827 So. 2d 647 La. Ct. App. 3d Cir. 2002
    "The confession of an accused of any age is valid only if it was given knowingly and voluntarily" State v. Fernandez, 96-2719 (La.4/14/98), .
  • State ex rel. D.J. 817 So. 2d 26 La. 2002
    722 , 58 L.Ed.2d 706 L4978), rev’d on other grounds, State v. Fernandez, 96-2719 (La.4/14/98), .
  • State Ex Rel. Dj 817 So. 2d 26 La. 2002
    722 , 58 L.Ed.2d 706 (1978), rev'd on other grounds, State v. Fernandez, 96-2719 (La.4/14/98), .
  • State v. Maise 805 So. 2d 1141 La. 2002
    State v. Fernandez, 96-2719 (La.4/14/98), .
  • State v. Maise 759 So. 2d 884 La. Ct. App. 5th Cir. 2000
    State v. Fernandez, 96-2719 (La.4/14/98), .
  • State v. Hundley 760 So. 2d 417 La. Ct. App. 3d Cir. 2000
    ASSIGNMENT OF ERROR NUMBER TWO Defendant claims the State failed to show that he knowingly, intelligently, and voluntarily waived his Miranda rights prior to making his statement, under the standard of State v. Fernandez, 96-2719 (La.4/14/98); .
  • State v. Hill 742 So. 2d 690 La. Ct. App. 5th Cir. 1999
    and State in the Interest of Dino
  • State in Interest of JM 743 So. 2d 228 La. Ct. App. 4th Cir. 1999
    At issue is whether B.C.'s confession was voluntarily given pursuant to State v. Fernandez, 96-2719 (La.4/14/98), .
  • State ex rel. Lewis 737 So. 2d 962 La. Ct. App. 1st Cir. 1999
  • State v. Green 735 So. 2d 723 La. Ct. App. 3d Cir. 1999
    The State notes in its brief that State v. Fernandez, 96-2719 (La.4/14/98), , overruled the Dino case.
  • State v. Buffington 731 So. 2d 340 La. Ct. App. 4th Cir. 1999
    In the recent case of State v. Fernandez, 96-2719 (La.4/14/98), , the Louisiana Supreme Court overruled Dino and reinstated the totality of the circumstances standard applicable to adults which prevailed as to juveniles prior to Dino.