No. 2014-KA-0511 Precedential Processed

State v. Rivers

Louisiana Court of Appeal, First Circuit · Filed February 25, 2015 · 160 So. 3d 1108

Cited by

State v. Johnson 187 So. 3d 35 La. Ct. App. 1st Cir. 2016
State v. Lambert 186 So. 3d 728 La. Ct. App. 1st Cir. 2016

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Lombard 486 So. 2d 106

Opinion text

BONIN, J., concurs with additional reasons. |,I concur, but write to make explicit that the precise and proper question for a reviewing court to answer (which the majority opinion correctly answers) when the defendant’s claim, as here, is that he is entitled to a conviction of only the lesser, responsive verdict of manslaughter in a second degree murder prosecution is: “In reviewing defendant’s claim, [the review- *1113 mg] court must determine whether a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could have found that the mitigatory factors were not established by a preponderance of the evidence.” State v. Lombard, 486 So.2d 106, 111 (La.1986).