Cited by
Opinions in Louisiana that cite State v. Mussall, 523 So. 2d 1305.
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State v. Eubanks
112 So. 3d 1064
La. Ct. App. 1st Cir. 2013
This Court’s function is not to determine whether it believes the witnesses or whether the conviction is contrary to the weight of the evidence, but instead to “assure that the jurors did not speculate where the evidence is such that reasonable jurors must have a reasonable doubt.”
- State v. Cleveland 115 So. 3d 578 La. Ct. App. 1st Cir. 2013
- State v. Seaton 112 So. 3d 1011 La. Ct. App. 2d Cir. 2013
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State v. Carmouche
117 So. 3d 136
La. Ct. App. 1st Cir. 2013
2781, 2789 , 61 L.Ed.2d 560 (1979)
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State of Louisiana v. James R Francis
La. Ct. App. 3d Cir. 2013
Our supreme court has stated: 6 However, an appellate court may impinge on the fact finder‟s discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
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State of Louisiana v. Jamal James Carmouche
La. Ct. App. 3d Cir. 2013
2781, 2789, 61 L.Ed.2d 560 (1979)
- State of Louisiana v. Brent Authorlee La. Ct. App. 3d Cir. 2013
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State v. Francis
111 So. 3d 529
La. Ct. App. 1st Cir. 2013
Our supreme court has stated: 17However, an appellate court may impinge on the fact finder’s discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
- State v. Authorlee 111 So. 3d 1170 La. Ct. App. 1st Cir. 2013
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State v. Swanzy
110 So. 3d 549
La. 2013
Although “cognizant that we may not substitute our judgment for that of the jury,” the court of appeal also observed that “the jury’s conclusion cannot stand if the evidence is such that reasonable jurors must have a reasonable doubt.” Id., 11-0882 at 11-12, 96 So.3d at 504 ().
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State v. Swanzy
144 So. 3d 711
La. 2013
Although “cognizant that we may not substitute our judgment for that of the jury,” the court of appeal also observed that “the jury’s conclusion cannot stand if the evidence is such that reasonable jurors must have a reasonable doubt.” Id., 11-0882 at 11-12, 96 So.3d at 504 ().
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State of Louisiana v. Kenneth Earl Steelman
La. Ct. App. 3d Cir. 2013
2781, 2789, 61 L.Ed.2d 560 (1979)
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State of Louisiana v. Kenneth Earl Steelman
La. Ct. App. 3d Cir. 2013
2781, 2789, 61 L.Ed.2d 560 (1979)
- State v. Clements 112 So. 3d 306 La. Ct. App. 1st Cir. 2013
- State of Louisiana v. Rosheed Guillory La. Ct. App. 3d Cir. 2013
- State v. Guillory 129 So. 3d 108 La. Ct. App. 1st Cir. 2013
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State of Louisiana v. Willis J. Mouton AKA Willis James Mouton
La. Ct. App. 3d Cir. 2013
However, an appellate court may impinge on the fact finder‟s discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
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State v. Mouton
129 So. 3d 49
La. Ct. App. 1st Cir. 2013
However, an appellate court may impinge on the fact finder’s discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
- State v. Krodinger 128 So. 3d 270 La. Ct. App. 1st Cir. 2013
- State of Louisiana v. Rodney Bernard Newton, Sr. La. Ct. App. 3d Cir. 2013
- State v. Newton 129 So. 3d 20 La. Ct. App. 1st Cir. 2013
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State v. Johnson
109 So. 3d 994
La. Ct. App. 1st Cir. 2013
However, the reviewing court may not disregard this duty “simply because the record contains evidence that tends to support each fact necessary to constitute the crime.”
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State of Louisiana v. Bryant Lakeith Bethley
La. Ct. App. 3d Cir. 2013
2781 (1979) (emphasis in original)
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State of Louisiana v. Stanley Charles Young, III
La. Ct. App. 3d Cir. 2013
3 However, an appellate court may impinge on the fact finder‘s discretion and its role in determining the credibility of witnesses ―only to the extent necessary to guarantee the fundamental due process of law.‖
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State of Louisiana v. Bryant Lakeith Bethley
La. Ct. App. 3d Cir. 2013
Standard of Review The standard of review for a sufficiency of the evidence claim is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original)
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State v. Bethley
107 So. 3d 834
La. Ct. App. 1st Cir. 2013
2781 , 61 L.Ed.2d 560 (1979) (emphasis in original)
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State v. Bethley
107 So. 3d 841
La. Ct. App. 1st Cir. 2013
2781 , 61 L.Ed.2d 560 (1979) (emphasis in original)
- State v. Ferdinand 107 So. 3d 1266 La. Ct. App. 1st Cir. 2013
- State v. Davis 108 So. 3d 833 La. Ct. App. 2d Cir. 2013
- State v. Davis 147 So. 3d 712 La. Ct. App. 1st Cir. 2013
- State v. McNair 107 So. 3d 806 La. Ct. App. 1st Cir. 2012
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State of Louisiana v. James Carol Bertrand
La. Ct. App. 3d Cir. 2012
2781, 2789, 61 L.Ed.2d 560 (1979)
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State v. Bertrand
104 So. 3d 796
La. Ct. App. 1st Cir. 2012
2781, 2789 , 61 L.Ed.2d 560 (1979)
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State v. Williams
106 So. 3d 1090
La. Ct. App. 1st Cir. 2012
( (generally, one witness’s positive identification is sufficient to support the conviction)).
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State of Louisiana v. Michael Wayne Jones
La. Ct. App. 3d Cir. 2012
2781, 2789, 61 L.Ed.2d 560 (1979)
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State of Louisiana v. Jimmy L. Bartie
La. Ct. App. 3d Cir. 2012
2781, 2789, 61 L.Ed.2d 560 (1979)
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State v. Bartie
104 So. 3d 735
La. Ct. App. 1st Cir. 2012
2781, 2789 , 61 L.Ed.2d 560 (1979)
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State v. Jones
105 So. 3d 246
La. Ct. App. 1st Cir. 2012
2781, 2789 , 61 L.Ed.2d 560 (1979)
- State v. Sipp 104 So. 3d 648 La. Ct. App. 1st Cir. 2012
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State v. Clouatre
110 So. 3d 1094
La. Ct. App. 1st Cir. 2012
art. 821(B); State v. Ordodi, 2006-0207 (La.11/29/06), ; -09 (La.1988).
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State of Louisiana v. Donald Runnels
La. Ct. App. 3d Cir. 2012
2781, 2789, 61 L.Ed.2d 560 (1979)
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State of Louisiana v. Dexter Holder
La. Ct. App. 3d Cir. 2012
Our supreme court has stated: However, an appellate court may impinge on the fact finder‘s discretion and its role in determining the credibility of witnesses ―only to the extent necessary to guarantee the fundamental due process of law.‖
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State of Louisiana v. Jeremiah R. Teno
La. Ct. App. 3d Cir. 2012
Our supreme court has stated: However, an appellate court may impinge on the fact finder=s discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
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State v. Teno
101 So. 3d 1068
La. Ct. App. 1st Cir. 2012
Our supreme court has stated: However, an appellate court may impinge on the fact finders discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
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State v. Runnels
101 So. 3d 1046
La. Ct. App. 1st Cir. 2012
2781, 2789 , 61 L.Ed.2d 560 (1979)
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State v. Holder
101 So. 3d 1059
La. Ct. App. 1st Cir. 2012
Our supreme court has stated: However, an appellate court may impinge on the fact finder’s discretion and its role in determining the credibility of witnesses “only to the extent necessary to guarantee the fundamental due process of law.”
- State v. Burke 103 So. 3d 652 La. Ct. App. 1st Cir. 2012
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State v. Allen
101 So. 3d 41
La. 2012
A reviewing court may impinge on the fact finder’s discretion “only to the extent necessary to guarantee the fundamental protection of due process of law.” (footnote omitted).
- State v. Joyner 107 So. 3d 675 La. Ct. App. 1st Cir. 2012
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Distinguished
State v. Pleasant
102 So. 3d 247
La. Ct. App. 1st Cir. 2012
In support of his assignment of error, but the Mussall case is distinguishable from the instant case.