Cited by
Opinions in Louisiana that cite Louisiana State Bar Ass'n v. Atkins, 399 So. 2d 1161.
- State of Louisiana v. Yvenert Dolce La. Ct. App. 4th Cir. 2026
- State of Louisiana v. John Noehl and Analise Noehl La. 2025
- State of Louisiana v. Justin D. Grimsley La. Ct. App. 2d Cir. 2023
- State of Louisiana v. Niesha Willis La. Ct. App. 4th Cir. 2022
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State of Louisiana v. Alex Francisco
La. Ct. App. 3d Cir. 2022
4 Cir. 12/18/96), ( 1251 (La.App 4 Cir.) writ denied, ()), where the fourth circuit noted that the term ‘“extreme physical pain’” refers to ‘“a condition which most people of common intelligence can understand; it is considered subjective in nature and susceptible to interpretation.’” The Hernandez court upheld a conviction of second degree battery wher
- State of Louisiana v. Joseph Michael Elie, III La. Ct. App. 3d Cir. 2021
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State v. Bibbins
258 So. 3d 134
La. Ct. App. 1st Cir. 2018
App. 4 Cir. 1988), quoting State v. Thompson , , 1168 (La.1981).
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State v. Klein
252 So. 3d 973
La. Ct. App. 1st Cir. 2018
Art. 703D ("the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant"); State v. Thompson , , 1167-1168 (La.
- State of Louisiana v. Hank Allen Moran AKA - Hank Moran La. Ct. App. 3d Cir. 2017
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State v. Moran
218 So. 3d 749
La. Ct. App. 1st Cir. 2017
App. 5 Cir. 11/14/96), ().
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State of Louisiana v. Andre J. Davis
221 So. 3d 28
La. 2017
This court noted it had determined in an earlier case that A>extreme physical pain= Y >describes a condition which most people of common intelligence can understand.=@ Stowe, 635 So.2d at 171 ( (La.
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State v. Lundy
195 So. 3d 587
La. Ct. App. 1st Cir. 2016
Art. 703 D (“the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant”); -1168 (La.1981).
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State v. Buhcannon
112 So. 3d 312
La. Ct. App. 1st Cir. 2013
at p. 6, 857 So.2d at 1027 ().
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State v. Harris
98 So. 3d 903
La. Ct. App. 1st Cir. 2012
Art. 703 D (“the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant”); -1168 (La.1981).
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State of Louisiana v. Paul Jacoby Broussard
La. Ct. App. 3d Cir. 2010
The Louisiana Supreme Court has held that the phrase “extreme physical pain” as used in the statute is not unconstitutionally vague since it “describes a condition which most people of common intelligence can understand.”
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State v. Broussard
33 So. 3d 1036
La. Ct. App. 1st Cir. 2010
The Louisiana Supreme Court has held that the phrase “extreme physical pain” as used in the statute is not unconstitutionally vague since it “describes a condition which most people of common intelligence can understand.”
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State v. Shirley
10 So. 3d 224
La. 2009
-652 (La.1984); -1167 (La.1981), dissent at ; cert.
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State v. Harris
966 So. 2d 773
La. Ct. App. 2d Cir. 2007
Although the term "extreme physical pain" is not defined by statute, the Supreme Court stated that the term describes a condition which most people of common intelligence can understand.
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State v. Manning
885 So. 2d 1044
La. 2004
-652 (La.1984); -1167 (La.1981), dissent at ; cert.
- State v. Landry 871 So. 2d 1235 La. Ct. App. 4th Cir. 2004
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State v. Blackson
865 So. 2d 272
La. Ct. App. 2d Cir. 2004
State v. Lambert, 98-0703 (La.App.
- State v. Helou 857 So. 2d 1024 La. 2003
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State v. Saltzman
843 So. 2d 1206
La. Ct. App. 1st Cir. 2003
Article 1, § 13 uses the word “detained” rather than the word “custody.” the supreme court discussed certain factors relevant in determining whether a person has been “detained” for purposes of Miranda : The determination of whether the detention is significant is to be made objectively from the totality of the circumstances ....
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State v. Harris
842 So. 2d 432
La. Ct. App. 4th Cir. 2003
Legendre, 522 So.2d at 1250 ().
- State v. Rasheed 841 So. 2d 85 La. Ct. App. 4th Cir. 2003
- State v. Jackson 838 So. 2d 841 La. Ct. App. 3d Cir. 2003
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State v. Gustavis
788 So. 2d 1242
La. Ct. App. 1st Cir. 2001
97-0020 at p. 3, 707 So.2d at 67
- State v. Lambert 749 So. 2d 739 La. Ct. App. 4th Cir. 1999
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State v. Buffington
731 So. 2d 340
La. Ct. App. 4th Cir. 1999
97-0020 at p. 3, 707 So.2d at 67
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State v. Dillon
719 So. 2d 1064
La. Ct. App. 1st Cir. 1998
|14 Dissenting Opinion, Officer Hughes was approached by a complainant alleging that he was a victim of a battery committed by several persons.
- State v. Pomeroy 713 So. 2d 642 La. Ct. App. 5th Cir. 1998
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State v. Hammond
706 So. 2d 530
La. Ct. App. 4th Cir. 1997
(Louisiana state courts apply four factor test.)
- State v. Alford 694 So. 2d 1162 La. Ct. App. 2d Cir. 1997
- State v. Smith 686 So. 2d 137 La. Ct. App. 1st Cir. 1996
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State v. Hernandez
686 So. 2d 92
La. Ct. App. 4th Cir. 1996
State v. Legendre, 522 So.2d at 1251 ().
- State v. Foret 685 So. 2d 210 La. Ct. App. 5th Cir. 1996
- State v. Kimbrough 673 So. 2d 1187 La. Ct. App. 4th Cir. 1996
- State v. Stowe 635 So. 2d 168 La. 1994
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State v. DeCuir
599 So. 2d 358
La. Ct. App. 3d Cir. 1992
the court held that the determination of whether a detention is significant must be made objectively from the totality of the circumstances.
- State v. Perkins 540 So. 2d 556 La. Ct. App. 3d Cir. 1989
- State v. Watkins 526 So. 2d 357 La. Ct. App. 4th Cir. 1988
- State v. Legendre 522 So. 2d 1249 La. Ct. App. 4th Cir. 1988
- State v. Sheehan 515 So. 2d 670 La. Ct. App. 3d Cir. 1987
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State v. Accardo
466 So. 2d 549
La. Ct. App. 5th Cir. 1985
the Supreme Court on writ application addressed the issue of extreme pain.
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State v. Patterson
464 So. 2d 811
La. Ct. App. 1st Cir. 1985
” While in custody at the Kenner Police Department, the defendant made additional statements which were admitted into evidence.
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State v. Broaden
461 So. 2d 400
La. Ct. App. 1st Cir. 1984
The factors to be considered when determining whether a : Factors relevant to the determination include (1) whether the police officer had reasonable cause under C.Cr.P.
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State v. Thomas
460 So. 2d 1069
La. Ct. App. 2d Cir. 1984
the Louisiana Supreme Court enunciated factors relevant to this determination.
- State v. Carlisle 458 So. 2d 1347 La. Ct. App. 2d Cir. 1984
- State v. Jackson 452 So. 2d 1250 La. Ct. App. 2d Cir. 1984
- State v. Moran 451 So. 2d 48 La. Ct. App. 4th Cir. 1984