State v. Davis
State v. Davis, 541 So. 2d 831 (La. 1989).
Cited by
- State v. McLemore 640 So. 2d 847 La. Ct. App. 2d Cir. 1994
- Mitchell v. Mitchell 626 So. 2d 571 La. Ct. App. 3d Cir. 1993
- State v. Flowers 574 So. 2d 448 La. Ct. App. 2d Cir. 1991
- State v. Davis 562 So. 2d 1173 La. Ct. App. 4th Cir. 1990
- State v. Davis 550 So. 2d 1289 La. Ct. App. 4th Cir. 1989
- State v. Bacot 551 So. 2d 29 La. Ct. App. 1st Cir. 1989
- Mitchell v. Mitchell 543 So. 2d 8 La. 1989
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Captville 448 So. 2d 676
Opinion text
541 So.2d 831 (1989) STATE of Louisiana v. Eugene DAVIS, Jr. No. 88-K-3138. Supreme Court of Louisiana. April 7, 1989. Granted. The case is remanded to the Fourth Circuit Court of Appeal for reconsideration in light of the entire jury charge given by the trial court. If the trial court properly instructed the jurors that the state had the burden of proving every essential element of the offense beyond a reasonable doubt, In re Winship, 397 U.S. 358 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970); La.C.Cr.P. art. 804, the court of appeal should consider whether the facts necessarily found by the jury in its verdict satisfy the due process standard of Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979), see, State v. Captville, 448 So.2d 676 (La.1984), and whether any ambiguity in the trial court's charge on circumstantial evidence was harmless error. See, Pope v. Illinois, 481 U.S. 497 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987); Rose v. Clark, 478 U.S. 570 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986).