No. KA 6854 Precedential Reversed and remanded. Processed

State v. Davis

Louisiana Court of Appeal, Fourth Circuit · Filed September 28, 1989 · 550 So. 2d 1289

Also decided on this docket: La. Ct. App. 1st Cir., November 29, 1988 535 So. 2d 34

Cited by

State of Louisiana v. Richard Wayne Barras La. Ct. App. 3d Cir. 2021
State v. Patton 68 So. 3d 1209 La. Ct. App. 1st Cir. 2011
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State v. Mayeux 949 So. 2d 520 La. Ct. App. 3d Cir. 2007
State v. Gordon 896 So. 2d 1053 La. Ct. App. 1st Cir. 2004
State v. Fields 801 So. 2d 1278 La. Ct. App. 1st Cir. 2001
State v. Parfait 693 So. 2d 1232 La. Ct. App. 1st Cir. 1997
State v. Carter 684 So. 2d 432 La. Ct. App. 1st Cir. 1996
State v. Bates 683 So. 2d 1370 La. Ct. App. 1st Cir. 1996
State v. Brown 677 So. 2d 1057 La. Ct. App. 1st Cir. 1996
State v. Glynn 653 So. 2d 1288 La. Ct. App. 1st Cir. 1995
State v. Gaudet 638 So. 2d 1216 La. Ct. App. 1st Cir. 1994

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State v. Davis 535 So. 2d 34
State v. Davis 541 So. 2d 831

Opinion text

ON REMAND FROM SUPREME COURT PER CURIAM. On August 13, 1985, after a jury trial, Eugene Davis was found guilty of manslaughter in violation of LSA R.S. 14:31(2). On appeal, the defendant argued that because the trial court gave an incorrect jury charge concerning circumstantial evidence, the wrong legal standard was used to test the sufficiency of the evidence at his trial. This court found merit in this assignment of error and reversed the trial court’s decision on November 9, 1988, remanding the case for a new trial. 535 So.2d 34 . The Supreme Court of Louisiana granted certiorari. The case was remanded to the Fourth Circuit Court of Appeal on April 7, 1989, for reconsideration in light of the entire jury charge given by the trial court. 541 So.2d 831 . The Supreme Court stated that this court, after reviewing the entire jury charge, 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 (1977). On April 14, 1989, this court ordered the court reporter to prepare and transcribe the jury charges from the trial on this matter. The reporter responded to this court’s request stating that the notes of this trial, being eligible for destruction, were discarded pursuant to Attorney General’s Opinion No. 83-174. Because the jury charge transcripts are not available, we are precluded from complying with the order of the Supreme Court. Accordingly, for the reasons assigned therein, we reaffirm our original opinion. The decision of the trial court is reversed and the case is remanded for a new trial. REVERSED AND REMANDED.