Cited by

Opinions in Louisiana that cite State v. Small, 100 So. 3d 797.

22 citing documents.

State of Louisiana v. Deon Ray Bartie La. Ct. App. 3d Cir. 2024
10/16/12), –12 (footnotes omitted), the supreme court explained causation in the context of negligent homicide: [U]nlike second degree murder, negligent homicide does not require a “direct act” of killing by the defendant.
State of Louisiana Versus Seth Redell La. Ct. App. 5th Cir. 2023
State Of Louisiana v. Tony Johnson La. Ct. App. 1st Cir. 2021
10/16/12), ); see also State v. Smith, 2014-0213 (La.
State of Louisiana v. Louis Barnes La. Ct. App. 4th Cir. 2021
State of Louisiana in the Interest of M.R. . La. Ct. App. 4th Cir. 2020
10/16/12), (the rule of lenity requires any doubt as to the interpretation of a criminal statute must be resolved in favor of the defendant); La.
State of Louisiana v. Kyvonte Latrell Eaglin La. Ct. App. 3d Cir. 2019
10/16/12), was convicted of second degree murder because she left her children home alone in the middle of the night.
State v. Alexcee 262 So. 3d 949 La. Ct. App. 1st Cir. 2018
10/16/12), , 811 (observing that the rule of lenity requires that "where there is any doubt as to the interpretation of a statute upon which a prosecution is based, [the] doubt must be resolved in favor of the accused"); accord State v. Petitto , 10-0581 (La.
State v. Nabors 251 So. 3d 1214 La. Ct. App. 2d Cir. 2018
10/16/12), , is misplaced.
State v. Becnel 250 So. 3d 1207 La. Ct. App. 1st Cir. 2018
State v. Trung Le 243 So. 3d 637 La. Ct. App. 1st Cir. 2018
State v. Small, 2011-2796, p. 12, , 806 (citing State v. Myers, 99-1849 (La.
State v. Kelly 239 So. 3d 432 La. Ct. App. 1st Cir. 2018
State v. Davis 245 So. 3d 1125 La. Ct. App. 2d Cir. 2018
10/16/12), ; State v. Thornton , 47,598 (La.
State v. Leger 236 So. 3d 577 La. Ct. App. 1st Cir. 2017
State v. Lutz 235 So. 3d 1114 La. Ct. App. 1st Cir. 2017
10/16/12), , in noting that the felony murder -rule generally- has -been interpreted to require that a direct act of a defendant or his accomplice causé the death of the victim.
State v. Otkins-Victor 193 So. 3d 479 La. Ct. App. 1st Cir. 2016
be found guilty under the felony murder rule, which dispenses with the necessity of proving mens rea accompanying a homicide; the- underlying felony supplies the culpable mental state, State v. Small, 11-2796 (La.10/16/12), .
State v. Victor 195 So. 3d 128 La. Ct. App. 1st Cir. 2016
State v. Small, 11-2796 (La.10/16/12), .
State of Louisiana Versus Errol Victor, Sr. La. Ct. App. 5th Cir. 2016
State of Louisiana v. Dominique Jackson La. Ct. App. 3d Cir. 2015
10/16/12), the court addressed the elements involved in the offense of second degree murder by means of cruelty to juveniles, stating: In order to prove that defendant committed second degree murder, the state had to show, inter alia, that defendant was committing either second degree cruelty to juveniles o
State v. Jackson 179 So. 3d 753 La. Ct. App. 1st Cir. 2015
2 Cir. 11/16/11), 78 So.3d.825, 830-31/ writ granted on other grounds, 11-2796 (La.10/16/12), , the court addressed the elements involved in the offense of second degree murder by means of cruelty to juveniles, stating:' In order to prove that defendant committed second degree murder, the state *756 had to show, inter alia, that defendant was committing either second degree cruelty to juveniles or cruelty to j
State v. Smith 156 So. 3d 1227 La. Ct. App. 1st Cir. 2014
In her motion to quash, defendant argued that, as a matter of law, the allegations contained in the indictment and bill of particulars cannot support a conviction for second degree murder, pursuant to the Louisiana Supreme Court’s holding in State v. Small, 11-2796 (La.10/16/12), .
AAA Safety, Inc. v. Department of Public Safety & Corrections 146 So. 3d 709 La. Ct. App. 1st Cir. 2014
Doe v. Louisiana Board of Ethics 112 So. 3d 339 La. Ct. App. 1st Cir. 2013
Additionally, the rule of lenity requires that “where there is any doubt as to the interpretation of a statute upon which a prosecution is based, doubt must be resolved in favor of the accused.” State v. Small, 11-2796, p. 19 (La.10/16/12), .