Cited by
Opinions in Louisiana that cite State v. Landry, 381 So. 2d 462.
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State of Louisiana v. Lisa W. Rabalais
La. Ct. App. 3d Cir. 2021
2419, 77 L.Ed.2d 1309 (1983)
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State ex rel. C.M.
128 So. 3d 1118
La. Ct. App. 1st Cir. 2013
in support of his position that his conduct constituted justifiable self-defense.
- State v. Banks 128 So. 3d 534 La. Ct. App. 1st Cir. 2013
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State v. Boudreaux
48 So. 3d 1144
La. Ct. App. 1st Cir. 2010
Some three years earlier, the Louisiana Supreme Court (without even questioning whether the burden in a non-homicide case was on the defendant to establish that he acted in self-defense or on the State to prove that the defendant did not act in self-defense), reversed a defendant’s conviction for aggravated assault, finding that he
- State v. Collins 826 So. 2d 598 La. Ct. App. 4th Cir. 2002
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State v. Smith
697 So. 2d 39
La. Ct. App. 1st Cir. 1997
14:76, is an affirmative defense and must be proven by a preponderance of the evidence, (La.
- State v. Carter 684 So. 2d 432 La. Ct. App. 1st Cir. 1996
- State v. Golson 658 So. 2d 225 La. Ct. App. 2d Cir. 1995
- State v. Turner 626 So. 2d 890 La. Ct. App. 3d Cir. 1993
- State v. Sparrow 612 So. 2d 191 La. Ct. App. 4th Cir. 1992
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State v. Braswell
605 So. 2d 702
La. Ct. App. 2d Cir. 1992
14:19; writ denied (1985).
- State v. Lewis 578 So. 2d 253 La. Ct. App. 1st Cir. 1991
- State v. Kidd 568 So. 2d 175 La. Ct. App. 2d Cir. 1990
- State v. Lewis 560 So. 2d 700 La. Ct. App. 3d Cir. 1990
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State ex rel. D.W.
528 So. 2d 1071
La. Ct. App. 1st Cir. 1988
ight of self-defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict.” An affirmative defense in a criminal matter “need be established only by a preponderance of evidence, not beyond a reasonable doubt as is incumbent on the state to prove defendant’s guilt.”
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State v. Mussall
523 So. 2d 1305
La. 1988
2419 , 77 L.Ed.2d 1309 (1983); (La.
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State v. Agnelly
515 So. 2d 821
La. Ct. App. 5th Cir. 1987
State v. Landry, supra [ ]; State v. Guinn, supra [ ].
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State v. Mason
499 So. 2d 551
La. Ct. App. 2d Cir. 1986
State v. Landry, [ ] supra; (La.
- State v. Navarre 498 So. 2d 249 La. Ct. App. 1st Cir. 1986
- State v. Barnes 491 So. 2d 42 La. Ct. App. 5th Cir. 1986
- State v. Barnes 489 So. 2d 402 La. Ct. App. 5th Cir. 1986
- State v. Simpson 464 So. 2d 1104 La. Ct. App. 3d Cir. 1985
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State v. Jones
462 So. 2d 1373
La. Ct. App. 1st Cir. 1985
our Supreme Court recognized a defendant’s entitlement to the production of favorable evidence under United States v. Agurs, 427 U.S. 97 , 96 S.Ct.
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State v. Cook
460 So. 2d 1075
La. Ct. App. 2d Cir. 1984
which held that in a nonhomicide case the affirmative defense of self defense need be established only by a preponderance of the evidence, not beyond a reasonable doubt as is incumbent upon the state to prove defendant's guilt.
- State v. Cheatwood 458 So. 2d 907 La. 1984
- State v. Carry 459 So. 2d 676 La. Ct. App. 4th Cir. 1984
- State v. Williams 458 So. 2d 1315 La. Ct. App. 1st Cir. 1984
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State v. Ducote
452 So. 2d 1305
La. Ct. App. 3d Cir. 1984
The defense of justification requires evidence on two points, at p. 467: "Justification requires a dual inquiry.
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State v. Scott
451 So. 2d 1135
La. Ct. App. 1st Cir. 1984
2781 , 61 L.Ed.2d 560 ] (1979); ” Here, the trial judge obviously felt that the adduced proof, which included some direct evidence along with the circumstantial evidence establishing Scott’s general criminal intent, was sufficient to prove beyond a reasonable doubt the necessary elements of the crime
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State v. Walker
432 So. 2d 1057
La. Ct. App. 3d Cir. 1983
2781 , 61 L.Ed.2d 560 (1979)
- State v. Coleman 432 So. 2d 323 La. Ct. App. 1st Cir. 1983
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State v. Freeman
427 So. 2d 1161
La. 1983
which held that in a non-homicide case the affirmative defense of self-defense need be established "only by a preponderance of evidence, not beyond a reasonable doubt as is incumbent on the state to prove defendant's guilt."
- State v. Richardson 425 So. 2d 1228 La. 1983
- State v. Johnson 426 So. 2d 95 La. 1983
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State v. Ray
423 So. 2d 1116
La. 1982
State v. Statum, supra ; State v. Strickland, supra, at 1068 (Calogero, J. concurring).
- State v. Cobb 419 So. 2d 1237 La. 1982
- State v. Ates 418 So. 2d 1326 La. 1982
- Landry v. Ascension Parish School Bd. 415 So. 2d 473 La. Ct. App. 1st Cir. 1982
- State in Interest of Pigott 413 So. 2d 659 La. Ct. App. 1st Cir. 1982
- State v. Arnaud 412 So. 2d 1013 La. 1982
- State in Interest of White 411 So. 2d 537 La. Ct. App. 1st Cir. 1982
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State v. Goiner
410 So. 2d 1085
La. 1982
2781 , 61 L.Ed.2d 560 (1979)
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State v. Smith
407 So. 2d 652
La. 1981
But the Supreme Court has established a : " Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct.
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State v. Lemoine
403 So. 2d 1230
La. 1981
2781 , 61 L.Ed.2d 560 (1979)
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State v. Hogan
403 So. 2d 1210
La. 1981
2781 , 61 L.Ed.2d 560 (1979) defendant claims the due process clause of the United States Constitution mandates reversal of a conviction when the proof of guilt is such that no rational trier of fact could find guilt beyond a reasonable doubt.
- State v. Stewart 400 So. 2d 633 La. 1981
- State v. LaFleur 398 So. 2d 1074 La. 1981
- State v. Moody 393 So. 2d 1212 La. 1981
- State Ex Rel. Womack v. Blackburn 393 So. 2d 1216 La. 1981
- State v. White 389 So. 2d 1300 La. 1980