Cited by
Opinions in Louisiana that cite State v. Blache, 480 So. 2d 304.
- State of Louisiana v. Gerald Manchip White La. 2025
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State of Louisiana v. Wilbert D. Jefferson, Jr.
La. Ct. App. 4th Cir. 2025
In such [a] situation justification is a defense to the charge of felon in possession of a firearm.” (La.
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State of Louisiana Versus Cornell Cambrice
La. Ct. App. 5th Cir. 2024
(1985), recognized an exception where self-defense can justify the possession of a firearm by a convicted felon, stating: [W]hen a felon is in imminent peril of great bodily harm, or reasonably believes himself or others to be in such danger, he may take possession of a weapon
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State of Louisiana Versus Ezekiel Brown
La. Ct. App. 5th Cir. 2024
5/6/05), this Court discussed the Louisiana Supreme Court’s (La.
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State of Louisiana v. Kevin Robert Sterling
La. Ct. App. 4th Cir. 2024
23 Collateral estoppel means “’that when an issue of ultimate fact has once been determined by a vailid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit.’” (La.
- State of Louisiana v. Donald Broussard La. Ct. App. 3d Cir. 2021
- State of Louisiana v. Terrell Javon Batiste La. Ct. App. 3d Cir. 2020
- State Of Louisiana v. Kirby Thomas La. Ct. App. 1st Cir. 2019
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State of Louisiana v. Chaddrick D. Mayes
La. Ct. App. 3d Cir. 2014
Defendant notes the supreme court’s 2 wherein it states: We hold that when a felon is in imminent peril of great bodily harm, or reasonably believes himself or others to be in such danger, he may take possession of a weapon for a period no longer than is necessary or apparently necessary to use i
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State v. Mayes
154 So. 3d 1257
La. Ct. App. 1st Cir. 2014
Defendant notes the supreme court’s 2 wherein it states: We hold that when a felon is in imminent peril of great bodily harm, or reasonably believes himself or others to be in such danger, he may take possession of a weapon for a period no longer than is necessary or apparently necessary to use it in self-defense, or in defense of others
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State ex rel. C.M.
128 So. 3d 1118
La. Ct. App. 1st Cir. 2013
See, generally, State v. Sanchell, 2011-1672, p. 8 (La.App.
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State v. Perkins
120 So. 3d 912
La. Ct. App. 1st Cir. 2013
State v. Smith, 96-2502 (La.App.
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State v. Jones
119 So. 3d 859
La. Ct. App. 1st Cir. 2013
Louisiana Revised Statute 14:18 sets forth the general provisions for justification: “The fact that an offender’s conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct.” the Louisiana Supreme Court recognized that a defense of justification is available to a defendant charged with being a felon in possession of a firearm.
- State v. Goosby 111 So. 3d 494 La. Ct. App. 2d Cir. 2013
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State v. Brumfield
104 So. 3d 701
La. Ct. App. 4th Cir. 2012
In Louisiana, the application of the doctrine has been limited 'to those cases where it is required by Ashe v. Swenson "
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State v. Sanchell
103 So. 3d 677
La. Ct. App. 1st Cir. 2012
State v. Smith, 96-2502 (La.App.
- State v. Curtis 880 So. 2d 112 La. Ct. App. 3d Cir. 2004
- State of Louisiana v. Matthew Curtis La. Ct. App. 3d Cir. 2004
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State v. Crawford
873 So. 2d 768
La. Ct. App. 5th Cir. 2004
the supreme court concluded that a felon may justifiably possess a weapon for self-defense in situations as follows: We hold that when a felon is in imminent peril of great bodily harm, or reasonably believes himself or others to be in such danger, he may take possession of a weapon for a period no lon
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State v. Dabney
842 So. 2d 326
La. 2003
See State v. Colomb, 98-2813 (La.10/1/99), ; (even if a convicted felon's possession of a firearm is justified as a matter of self defense, he must divest himself of the weapon at the earliest practical opportunity); State v. Tatum, 27,301, p. 4 (La.
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State v. King
799 So. 2d 1241
La. Ct. App. 3d Cir. 2001
the supreme court concluded that a felon may justifiably possess a weapon for self-defense in situations as follows: We hold that when a felon is in imminent peril of great bodily harm, or reasonably believes himself or others to be in such danger, he may take possession of a weapon for a period no lon
- State v. Lee 782 So. 2d 1063 La. Ct. App. 5th Cir. 2001
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State v. Cotton
778 So. 2d 569
La. 2001
In Louisiana, the application of the doctrine has been limited `to those cases where it is required by Ashe v. Swenson ...'" (La.
- State v. Smith 777 So. 2d 584 La. Ct. App. 4th Cir. 2000
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State v. Jackson
733 So. 2d 736
La. Ct. App. 4th Cir. 1999
As the Third Circuit has pointed out, this doctrine has been applied under circumstances other than those enumerated in § 14:18, Recard at 6-7 , 704 So.2d at 328 , and has been recognized as providing a defense in any case in which it is not expressly prohibited
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State v. Lewis
720 So. 2d 1230
La. Ct. App. 1st Cir. 1998
recognized that self-defense can justify the possession of a firearm by a convicted felon in violation of La.
- State v. Lamothe 715 So. 2d 708 La. Ct. App. 5th Cir. 1998
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State v. Smith
686 So. 2d 1009
La. Ct. App. 1st Cir. 1996
14:95.1, stated: jsWe hold that when a felon is in imminent peril of great bodily harm, or reasonably believes himself or others to be in such danger, he may taken possession of a weapon for a period no longer than is necessary or apparently necessary to use it in self-defense, or in defense of others.
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State v. Smith
557 So. 2d 403
La. Ct. App. 1st Cir. 1990
1189 , 25 L.Ed.2d 469 (1970)
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State v. Magee
552 So. 2d 1031
La. Ct. App. 1st Cir. 1989
1189 , 25 L.Ed.2d 469 (1970), defendant contends that the instant prosecution and trial on the charge of being a convicted felon in possession of a firearm was barred by the doctrine of collateral estoppel.
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State v. Reese
544 So. 2d 1254
La. Ct. App. 1st Cir. 1989
Defendant’s and the United States Supreme Court cases cited and discussed therein.
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State v. Jones
539 So. 2d 866
La. Ct. App. 4th Cir. 1989
that self-defense or defense of others may provide a defense to a charge of felon in possession of a firearm.
- State v. Goldsmith 519 So. 2d 299 La. Ct. App. 2d Cir. 1988
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State v. Magee
517 So. 2d 271
La. Ct. App. 1st Cir. 1987
ARGUMENT Defendant contends that collateral estop-pel bars the State from prosecuting him on the possession of a firearm charge after his acquittal on the manslaughter charge
- State v. Bailey 511 So. 2d 1248 La. Ct. App. 2d Cir. 1987
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State v. Navarre
498 So. 2d 249
La. Ct. App. 1st Cir. 1986
While Louisiana law is unclear as to who has the burden of proving a claim of self-defense, see State v. Freeman, supra; State v. Landry, supra; (La.App.
- State v. Veal 490 So. 2d 604 La. Ct. App. 2d Cir. 1986
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State v. Barnes
491 So. 2d 42
La. Ct. App. 5th Cir. 1986
More recently, in an aggravated battery case approves a jury charge which places the burden of persuasion on the state to prove beyond a reasonable doubt the lack of self-defense or defense of another.
- State v. Kennedy 480 So. 2d 299 La. 1985
- State v. Barberousse 480 So. 2d 273 La. 1985
- State v. Delcambre 480 So. 2d 294 La. 1985
- State v. Jackson 480 So. 2d 263 La. 1985
- State v. Harris 480 So. 2d 281 La. 1985
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State v. Street
480 So. 2d 309
La. 1985
The other cases include: ; ; ; ; ; ; .
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State v. Hogan
480 So. 2d 288
La. 1985
In addition to Hogan and Harris , ; ; ; ; ; .