state must overcome defense in Louisiana

15 Louisiana opinions name it 1 courts 1985–2016 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
State v. Guidrygreen lactapp · 1985 · cited in 6 Louisiana opinions naming this issue, 1987–2006 2 sentences 1993"When defenses which actually defeat an essential element of an offense, such as intoxication, are raised by the evidence, the state must overcome the defense by evidence which proves beyond a reasonable doubt that the mental element was present despite the alleged intoxication." State v. Guidry, 476 So.2d 500, 503 (La.App. 1st Cir. 1985), writ denied, 480 So.2d 739 (La. 1986) (citation omitted). 1987"When defenses which actually defeat an essential element of an offense, such as intoxication, are raised by the evidence, the state must overcome the defense by evidence which proves beyond a reasonable doubt that the mental element was present despite the alleged intoxication." State v. Guidry, 476 So.2d 500, 503 (La.	5	6
State v. Harrisgreen lactapp · 1988 · cited in 2 Louisiana opinions naming this issue, 1990–2008 2 sentences 2008State v. Harris, 527 So.2d 1140, 1143 (La. 1990State v. Harris, supra. The specific legal question is not when the requisite specific intent was formed, rather, it is whether, at the time of the offense, the defendant was so intoxicated as to preclude the existence of any specific intent on his part to commit the offense.	1	2
State v. Wisingergreen lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 1997–1997 1 sentence 1997See State v. Wisinger, 618 So.2d 923, 931-32 (La.App. 1st Cir.), writ denied, 625 So.2d 1063 (La.1993).	1	1
State v. Wisingergreen la · 1993 · cited in 1 Louisiana opinions naming this issue, 1997–1997 1 sentence 1997See State v. Wisinger, 618 So.2d 923, 931-32 (La.App. 1st Cir.), writ denied, 625 So.2d 1063 (La.1993).	1	1
State v. Lewisgreen lactapp · 1988 · cited in 1 Louisiana opinions naming this issue, 1993–1993 1 sentence 1993See State v. Lewis, 525 So.2d at 217 .	1	1
State v. Cheatwoodgreen la · 1984 · cited in 1 Louisiana opinions naming this issue, 1985–1985 1 sentence 1985See State v. Cheatwood, 458 So.2d 907, 910, n. 4 (La.1984).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
State v. McFadden green la · 1986 2 sentences 1993State v. Guidry, 476 So.2d 500, 503 (La.App. 1st Cir 1985), writ denied, 480 So.2d 739 (1986). 1993"When defenses which actually defeat an essential element of an offense, such as intoxication, are raised by the evidence, the state must overcome the defense by evidence which proves beyond a reasonable doubt that the mental element was present despite the alleged intoxication." State v. Guidry, 476 So.2d 500, 503 (La.App. 1st Cir. 1985), writ denied, 480 So.2d 739 (La. 1986) (citation omitted).	4	1987–1993
State v. Lutcher green lactapp · 1997 1 sentence 2016State v. Lutcher, 96-2378 (La.App. 1st Cir.9/19/97), 700 So.2d 961, 973 , writ denied, 97-2537 (La.2/6/98), 709 So.2d 731 .	1	2016–2016
State v. Lutcher green la · 1998 1 sentence 2016State v. Lutcher, 96-2378 (La.App. 1st Cir.9/19/97), 700 So.2d 961, 973 , writ denied, 97-2537 (La.2/6/98), 709 So.2d 731 .	1	2016–2016
State v. Smith green lactapp · 1996 1 sentence 1997Id.; State v. Smith, 94-2588 (La.App. 4th Cir. 3/27/96), 672 So.2d 1034, 1038 .	1	1997–1997
State v. Rivers green lactapp · 1984 1 sentence 1996State v. Rivers, 444 So.2d 1384 (La.App. 3rd Cir.1984) states that intoxication may be an affirmative defense to a crime requiring specific intent and that the burden of proving intoxication rests on the defendant; however, State v. Cheatwood seems to suggest that the burden of proof of intoxication should not fall upon the defendant.	1	1996–1996
State v. Hilburn green lactapp · 1987 1 sentence 1988State v. Hilburn, supra .	1	1988–1988

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:10 (13) LA § La. Rev. Stat. § 14:15 (13) LA § La. Rev. Stat. § 14:30.1 (9) LA § La. Rev. Stat. § 15:438 (6) LA § La. Rev. Stat. § 14:62 (4) LA § La. Rev. Stat. § 14:30 (3) LA § La. Rev. Stat. § 14:31 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 16 (2002–2010) LA 15 (1985–2016) FL 10 (1998–2016) MO 6 (1987–2013) WA 5 (2014–2020) MD 5 (1965–1980) WI 3 (2003–2022) GA 3 (2016–2018) OK 2 (2018–2018) NC 2 (1987–1991) IA 2 (2015–2015) IL 2 (1974–1991)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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