Cited by
Opinions in Louisiana that cite State v. Cole, 664 So. 2d 367.
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State of Louisiana v. Darrion A. Brown
La. Ct. App. 4th Cir. 2025
11/27/95), then citing Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct.
- State Of Louisiana v. David H. Brown (Parish of Lafourche) Convictions Affirmed; Death Sentences Reversed; Case Remanded For … La. 2021
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State v. Alexander
267 So. 3d 682
La. Ct. App. 1st Cir. 2019
11/27/95), , 370, the defendant was arrested and appeared in court for an initial appearance.
- State v. Jefferson 261 So. 3d 793 La. Ct. App. 1st Cir. 2018
- State v. Walker 221 So. 3d 951 La. Ct. App. 2d Cir. 2017
- STATE OF LOUISIANA VERSUS READO NARGO A/K/A RENALDO NARGO La. Ct. App. 3d Cir. 2016
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State v. Nargo
193 So. 3d 1263
La. Ct. App. 1st Cir. 2016
State v. Carter, 94-2859, p. 24 (La.11/27/95); .
- State v. Wells 191 So. 3d 1127 La. Ct. App. 1st Cir. 2016
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State v. Preston
178 So. 3d 207
La. Ct. App. 1st Cir. 2015
2350 , 129 L.Ed.2d 362 (1994); State v. Carter, 94-2859 (La.11/27/95), .
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State v. French
79 So. 3d 1155
La. Ct. App. 1st Cir. 2011
|sIn State v. Carter, 94-2859 (La.11/27/95), , the defendant was arrested and appeared in court for an initial appearance.
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State v. Martin
72 So. 3d 928
La. Ct. App. 1st Cir. 2011
Hattaway was partially overruled by State v. Carter, 94-2859 (La.11/27/95), , but not on this issue.
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State v. Montejo
40 So. 3d 952
La. 2010
State v. Carter, 94-2859 (La.11/27/95), (“[sjomething more than mere mute acquiescence in the appointment of counsel is necessary to show the defendant has asserted his right to counsel sufficiently to trigger the enhanced protection provided by Michigan v. Jackson’s prophylactic rule”); Montoya v. Collins, 955 F.2d 279 (5th Cir.1992) (the rule of Jack
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State, in Interest of Kmt
18 So. 3d 183
La. Ct. App. 2d Cir. 2009
Sta te v. Carter, 1994-2859 (La.11/27/95), .
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State ex rel. B.A.A.
13 So. 3d 1183
La. Ct. App. 2d Cir. 2009
State v. Carter, 94-2859 (La.11/27/95), .
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State Ex Rel. Baa
13 So. 3d 1183
La. Ct. App. 2d Cir. 2009
State v. Carter, 94-2859 (La.11/27/95), .
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State v. Reeves
11 So. 3d 1031
La. 2009
11/27/95), , this court spoke of "constitutional safeguards aimed at preserving the sanctity of the attorney-client relationship,” the court was not referring to the preservation of a particular attorney-client relationship.
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State v. Robertson
995 So. 2d 650
La. Ct. App. 1st Cir. 2008
The right to counsel “is the right of the client rather than the attorney, so that it may be waived by the client without counsel’s participation.” State v. Carter, 94-2859, p. 17 n. 12 (La.11/27/95), (quotation omitted).
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State v. Savoie
982 So. 2d 119
La. Ct. App. 3d Cir. 2008
In State v. Carter, 94-2859 (La.11/27/95); -373 , the Louisiana Supreme Court stated the *121 following regarding a defendant's right to counsel: As correctly noted in Hattaway, the Sixth Amendment right to counsel attaches only after the commencement of adverse judicial criminal proceedings.
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STATE OF LOUISIANA VERSUS JOSEPH THOMAS SAVOIE AKA JOSEPH TOMMY SAVOIE AKA JOSEPH THOMAS SAVOY
La. Ct. App. 3d Cir. 2008
ists: Article 514 of the Code of Criminal Procedure requires the minutes of court to “show either that the defendant was represented by 2 counsel or that he was informed by the court of the defendants’ right to counsel, including the right to appointed counsel, and that he waived such right.” In State v. Carter, 94-2859 (La.11/27/95); -373, the Louisiana Supreme Court stated the following regarding a defendant’s right to counsel: As correctly noted in Hattaway, the Sixth Amendment right to couns
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State v. Montejo
974 So. 2d 1238
La. 2008
The state responds that the law is not fully settled on the consequences of a 72- and State v. Carter, 94-2859 (La.11/27/95), , and notes further that the defendant only stood in mute acquiescence at this hearing, but argues (assuming that a right to counsel attached at that time) that the defendant validly waived his right to the presence of counsel (after a full Mirandization ) prior producing the handwritten letter.
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State v. Williams
965 So. 2d 541
La. Ct. App. 2d Cir. 2007
The following passage from State v. Carter, 94-2859 (La.11/27/95), , is illuminating: Although a defendant may sometimes later regret his decision to speak with police, the Sixth Amendment does not disable a criminal defendant from exercising his free will.
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State v. Lagarde
917 So. 2d 623
La. Ct. App. 5th Cir. 2005
310 , 136 L.Ed.2d 227 (1996), overruled on other grounds in State v. Carter, 94-2859 (La.11/27/95); .
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State v. Hopkins
897 So. 2d 854
La. Ct. App. 2d Cir. 2005
However, the court overruled this holding in State v. Carter, 94-2859 (La.11/27/95), , concluding that after the constitutional right to counsel has attached, whether invoked or not, the defendant may waive it.
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State v. Wallace
862 So. 2d 286
La. Ct. App. 1st Cir. 2003
In State v. Carter, 94-2859 (La.11/27/95), , the Louisiana Supreme Court reiterated that holding in Hattaway , while recognizing that the right to counsel under La.
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State v. Turner
859 So. 2d 911
La. Ct. App. 2d Cir. 2003
State v. Carter, 94-2859 (La.11/27/95), ; State v. Ormond, 00-13 (La.App.
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State v. Tarver
846 So. 2d 851
La. Ct. App. 3d Cir. 2003
In support of his argument, the Defendant cites State v. Carter, 94-2859 (La.11/27/95); .
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State v. Batchelor
823 So. 2d 367
La. Ct. App. 2d Cir. 2002
State v. Carter, 94-2859 (La.11/27/95), ; State v. Ormond, 00-13 (La.App.
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State v. Onezime
811 So. 2d 1033
La. Ct. App. 5th Cir. 2002
In the case of State v. Carter, 94-2859 (La.11/27/95), , the Louisiana Supreme Court reached the following conclusion concerning the right to counsel during interrogations: Once adversary judicial criminal proceedings have commenced against a defendant, he is entitled, by virtue of the Sixth Amendment and La.
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State v. Hutchinson
803 So. 2d 1120
La. Ct. App. 1st Cir. 2001
1335 , 149 L.Ed.2d 321 (2001); State v. Carter, 94-2859 (La.11/27/95), .
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State v. Broyard
802 So. 2d 845
La. Ct. App. 1st Cir. 2001
overruled in part, State v. Carter, 94-2859 (La.11/27/95), , for the proposition that a physical lineup of the accused without the benefit of counsel “during adverse judicial criminal proceedings” violates the Sixth Amendment right to counsel.
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State v. Diaz
800 So. 2d 1090
La. Ct. App. 1st Cir. 2001
State v. Carter, 94-2859 (La.11/27/95), .
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State v. Ormond
786 So. 2d 187
La. Ct. App. 5th Cir. 2001
State v. Carter, 94-2859 (La.11/27/95), .
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Overruled
State v. Monroe
784 So. 2d 29
La. Ct. App. 5th Cir. 2001
The state contends that Hattaway was overruled by State v. Carter, 94-2859 (La.11/27/95), , and that a defendant can make a valid waiver of his right to counsel as long as it is knowing, intelligent and voluntary.
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State v. Haider
772 So. 2d 189
La. Ct. App. 3d Cir. 2000
In State v. Carter, 94-2859 (La.11/27/95); -373 , the Louisiana Supreme Court stated the following regarding a defendant's right to counsel: As correctly noted in Hattaway, the Sixth Amendment right to counsel attaches only after the commencement of adverse judicial criminal proceedings.
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State v. Carter
767 So. 2d 839
La. Ct. App. 5th Cir. 2000
He also argues that once the right to counsel attached and defendant asserted his right to counsel, any subsequent waiver of rights pursuant to police-initiated interrogation was invalid pursuant to State v. Carter, 94-2859 (La.11/27/95), .
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State v. Womack-Grey
764 So. 2d 108
La. Ct. App. 4th Cir. 2000
State v. Carter, 94-2859, p. 24 (La.11/27/95), .
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State v. Thompson
758 So. 2d 972
La. Ct. App. 2d Cir. 2000
State v. Fisher, 97-1133 (La.9/9/98), ; State v. Carter, 94-2859 (La.11/27/95), .
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State v. Gaar
746 So. 2d 41
La. Ct. App. 2d Cir. 1999
In State v. Carter, 94-2859 (La.11/27/95), , a suspect was interrogated by police after counsel had been appointed.
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State v. Coston
720 So. 2d 714
La. Ct. App. 4th Cir. 1998
Similarly, in State v. Carter, 94-2859, p. 23 (La.11/27/95), [citation omitted], federal jurisprudence was quoted as establishing that "the magic words, `I want a lawyer,'" need not be spoken to invoke the right to counsel.
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State v. Fisher
720 So. 2d 1179
La. 1998
State v. Carter, 94-2859, p. 24 (La.11/27/95); .
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State v. Carter
712 So. 2d 701
La. Ct. App. 5th Cir. 1998
[3] Overruled in part on other grounds by State v. Carter, 94-2859 (La.11/27/95), .
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State v. Gaspard
709 So. 2d 213
La. Ct. App. 3d Cir. 1998
State v. Carter, 94-2859 (La.11/27/95); .
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State v. Briley
703 So. 2d 230
La. Ct. App. 1st Cir. 1997
The State relies on State v. Carter, 94-2859 (La.11/27/95), arguing that the right to counsel belongs to the defendant, not to his counsel, and thus he was free to waive it.
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State v. Lemon
698 So. 2d 1057
La. Ct. App. 2d Cir. 1997
1708 , 64 L.Ed.2d 333 (1980); State v. Carter, 94-2859 (La.11/27/95), .
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State v. Connolly
700 So. 2d 810
La. 1997
State v. Carter, 94-KK-2859 (La.11/27/95), .
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State v. Koon
704 So. 2d 756
La. 1997
State v. Carter, 94-2859, p. 24 (La.11/27/95), .
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State v. Pierce
689 So. 2d 740
La. Ct. App. 1st Cir. 1997
The Court points out that in State versus Carter, [(La.1995)], that the right to counsel is a right of the client rather than the attorney.
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State v. Cheathon
682 So. 2d 823
La. Ct. App. 2d Cir. 1996
State v. Carter, 94-2859 (La.11/27/95), .
- State v. Pierce 681 So. 2d 478 La. Ct. App. 1st Cir. 1996
- State v. Kimble 688 So. 2d 552 La. Ct. App. 2d Cir. 1996