State v. Harris, 2021 La. App. LEXIS 18 (LA Ct. App. 2021) Court of Appeal of Louisiana, Second Circuit January 13, 2021, Judgment Rendered No. 53,662-KA 2021 La. App. LEXIS 18 | 53,662 (La.App. 2 Cir. 01/13/21); | 2021 WL 116212 STATE OF LOUISIANA, Appellee versus PATRICK NEWTON HARRIS, Appellant Counsel: For Appellant: Ansel Martin […]
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State v. Batiste, 2020 La. App. LEXIS 480 (LA Ct. App. 3rd 2020) Court of Appeal of Louisiana, Third Circuit March 18, 2020, Decided LOSD Brief: Facts: The facts of the case are pretty straightforward. The Defendant and the Victim got into an argument at the Victim’s home, and in an effort to encourage the
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State v. Istre, 2020 La. App. LEXIS 386 (LA Ct. App. 3rd 2020) Court of Appeal of Louisiana, Third Circuit March 4, 2020, Decided LOSD Summary: Facts: This case involves a mother, the Victim in this case, who is seriously injured from an attack by her daughter’s boyfriend, the Defendant. The Victim had previously taken
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State v. Brister, 2020 La. App. LEXIS 212 (LA Ct. App. 3rd 2020) Court of Appeal of Louisiana, Third Circuit February 12, 2020, Decided LOSD Summary: This case involves a defendant who shot and killed the victim in claimed self-defense. At trial the defendant sought to submit evidence of the victim’s hostile acts towards the
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State v. Broadway, 2020 La. App. LEXIS 78 (LA Ct. App. 2nd 2020) LOSD Summary: This case is another example of that oddity of Louisiana law in some of its judicial circuits where in cases of non-homicide claims of self-defense (in which nobody is killed), the burden of proof on self-defense is on the defendant
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State v. Thomas, 2020 La. App. Unpub. LEXIS 7 (LA Ct. App. 1st 2020) LOSD Summary: This murder case out of Louisiana involves issues of disparity of numbers justifying deadly defensive force in the context of a fistfight, consciousness of guilt evidence in the form of lying to police and flight for purposes other than
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State v. Serigny, 2020 La. App. Unpub. LEXIS 8 (LA Ct. App. 1st 2020) LOSD Summary: Defendant was charged with aggravated battery for stabbing the victim in a fight, causing a non-fatal injury. The interesting facet of this case is that Louisiana law remains unclear on which part bears the burden of persuasion on self-defense
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Louisiana Jury Instructions–Civil and Criminal CHAPTER 2 Criminal Jury Instructions XXIII. Defenses to a Criminal Charge A. Justification § 23.04 Physical Impossibility A defense to a criminal charge can be that the defendant’s conduct was justifiable, although criminal, because a claim of physical impossibility. A charge in that regard could be as shown below. The Defendant
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Louisiana Jury Instructions–Civil and Criminal CHAPTER 2 Criminal Jury Instructions XX. General Principles § 20.01 Burden of Proof A. B. In a criminal matter, the burden of proof is on the prosecution to prove all facts necessary for conviction of the crime charged. The standard is proof beyond a reasonable doubt, which is the highest burden
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Louisiana Annotated Statutes Louisiana Revised Statutes Title 14. Criminal law (Chs. 1 — 3) Chapter 1. Criminal code (Pts. 1 — 8) Part 2. Offenses against the person (Subpts. A — E) Subpart A. Homicide (§§ 14:29 — 14:32.1) § 14:30. First degree murder. A. First degree murder is the killing of a human being:
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