No. 93-K-1270 Precedential Processed

State v. Riley

Louisiana Supreme Court · Filed September 3, 1993 · 623 So. 2d 1289

Cited by

State v. Johnese 674 So. 2d 1175 La. Ct. App. 1st Cir. 1996
State v. Riley 637 So. 2d 758 La. Ct. App. 1st Cir. 1994

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Murphy 542 So. 2d 1373
State v. Raymo 419 So. 2d 858
State Ex Rel. Lawrence v. Smith 571 So. 2d 133
State v. Lombard 486 So. 2d 106

Opinion text

In re Riley, Mary; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 91KA 2132; Parish of Tangipahoa, 21st Judicial District Court, Div. “E”, No. 51057. Granted in part, denied in part. The case is remanded to the court of appeal to address defense contentions that the evidence was insufficient to support conviction on the charged offense. See State v. Murphy, 542 So.2d 1373, 1375, n. 4 (La.1989); State v. Raymo, 419 So.2d 858, 861 (La.1982). That review should include consideration of whether the defense established by a preponderance of the evidence those mitigating factors which reduce the degree of homicide from murder to manslaughter. State ex rel. Lawrence v. Smith, 571 So.2d 133 (La.1990); State v. Lombard, 486 So.2d 106 (La.1986). Relief is denied in all other respects. WATSON, J., not on panel.