96 Louisiana opinions name it 2 courts 1970–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
State v. Freemangreen2 sentences2022Our Supreme Court has noted that “[i]n a non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary.” State v. Freeman, 427 So.2d 1161, 1163 (La. 1983) (citation omitted). “[T]his [C]ourt has consistently declined to settle definitively on the issue of which party bears the burden of persuasion in proving self-defense in non-homicide cases.” State v. Abbott, 2017-0016, p.18 (La.App. 4 Cir. 6/14/17), 222 So.3d 847, 857 (q 2018When a case does not involve a homicide, "the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary." State v. Freeman , 427 So.2d 1161 , 1163 (La. 1983). | 7 | 26 |
State v. Flukergreen2 sentences2018In State v.Fluker, 618 So.2d 459 ,462 (La.App. 4 Cir. 1993), W.V. notes that this Court held that "[i]n a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable under the circumstances; and, a subjective inquiry into whether the force was apparently necessary." This Circuit, he avers, has determined that the defense of justification is an affirmative defense which must be established by a preponderance of the evidence. 2017App. 4 Cir. 1993), this court recognized that "in a homicide case, the State bears the burden of proving that the killing was not committed in self-defense." However, "in a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable under the circumstances; and ⅝ subjective inquiry into whether the force was apparently necessary.” Id. | 6 | 9 |
State v. Navarregreen2 sentences2003State v. Navarre, 498 So.2d 249, 252-253 (La.App. 1 Cir.1986). 1994State v. Navarre, 498 So.2d 249, 252-53 (La.App. 1st Cir.1986). | 3 | 3 |
State v. Wrightgreen2 sentences2010See State v. Wright, 99-1137 (La.App. 3 Cir. 3/1/00) , 758 So.2d 301 , writ denied, State ex rel Wright v. State, XXXX-XXXX (La.3/9/01), 786 So.2d 118 ; State v. Barnes, 491 So.2d 42 (La.App. 5 Cir.1986). 2010See State v. Wright, 99-1187 (La.App. 3 Cir. 3/1/00) , 758 So.2d 301 , writ denied, State ex rel Wright v. State, 2000-1614 (La.3/9/01), 786 So.2d 118 ; State v. Banes, 491 So.2d 42 (La.App. 5 Cir.1986). | 2 | 2 |
State Ex Rel. Wright v. Stategreen2 sentences2010See State v. Wright, 99-1137 (La.App. 3 Cir. 3/1/00) , 758 So.2d 301 , writ denied, State ex rel Wright v. State, XXXX-XXXX (La.3/9/01), 786 So.2d 118 ; State v. Barnes, 491 So.2d 42 (La.App. 5 Cir.1986). 2010See State v. Wright, 99-1187 (La.App. 3 Cir. 3/1/00) , 758 So.2d 301 , writ denied, State ex rel Wright v. State, 2000-1614 (La.3/9/01), 786 So.2d 118 ; State v. Banes, 491 So.2d 42 (La.App. 5 Cir.1986). | 2 | 2 |
State v. Willisgreen2 sentences1999State v. Willis, 591 So.2d 365, 370 (La.App. 1st Cir.1991), writ denied, 594 So.2d 1316 (La.1992). 1998State v. Willis, 591 So.2d 365, 370 (La.App. 1st Cir.1991), writ denied, 594 So.2d 1316 (La.1992). | 2 | 2 |
Raybol v. Louisiana State Universitygreen2 sentences1992Professor Johnson stated that Raybol, supra, went too far and inadvertently transformed the dual requirement that had long been applied into a single requirement. 1992In criticizing the reasoning in Raybol, supra, which transformed the dual requirement into a single requirement, Professor Johnson advised, “care should be exercised in the future to make sure that both requirements are kept alive and well; the courts may want and need to use both in future cases.” As mentioned earlier, Act 454 of 1989 amended LSA-R.S. 23:1031 to add Paragraph D, which provides: An injury by accident should not be considered as having arisen out of employment and thereby not covered by the provisions of this Chapter if the employer can establish that the injury arose out of a | 1 | 5 |
State v. Hallgreen2 sentences2002“The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; (2) a subjective inquiry into whether the force was apparently necessary.” State v. Anderson, 98-492, p. 10 (La.App. 3 Cir. 10/28/98); 721 So.2d 1006, 1011 , writ denied, 98-2976 (La.3/19/99); 739 So.2d 781 (citing State v. Hall, 606 So.2d 972 (La.App. 3 Cir.1992), writ denied, 93-51 (La. 11/11/94); 644 So.2d 385 ). 2000This court has held in State v. Hall, 606 So.2d 972, 974-74 (La.App. 3 Cir.1992), writ denied, 93-51 (La. 11/11/94); 644 So.2d 385 that: “The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable ^L^under the circumstances; [and] (2) a subjective inquiry into whether force was apparently necessary. | 1 | 3 |
State v. Boudreauxgreen2 sentences2014With regard to the issue of self-defense, this Court in State v. Boudreaux, 2008-1504 (La.App. 4 Cir. 9/29/10) , 48 So.3d 1144 , stated as follows: In a non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. 2014With regard to the issue of self-defense, this Court in State v. Boudreaux, 2008-1504 (La.App. 4 Cir. 9/29/10) , 48 So.3d 1144 , stated as follows: In a non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. | 1 | 2 |
Jarman v. Jarmangreen2 sentences1991In Jarman v. Jarman, 540 So.2d 444 (La.App. 1st Cir.1989), this court addressed cruel treatment as follows: A finding of cruelty requires a dual analysis of the facts. 1990This court recently discussed cruel treatment in Jarman v. Jarman, 540 So.2d 444, 447 (La.App. 1st Cir.1989): A finding of cruelty requires a dual analysis of the facts. | 1 | 2 |
| State v. Abbottgreen | 1 | 1 |
| State ex rel. A.W.green | 1 | 1 |
| State v. Nailorgreen | 1 | 1 |
| State v. Smithgreen | 1 | 1 |
| David Dilmore, as the Representative of Ernest Dilmore, Deceased, Plaintiff v. James C. Stubbsgreen | 1 | 1 |
| Barbara S. Clanton v. Orleans Parish School Boardgreen | 1 | 1 |
| Wayne Ernest Barker v. Ben Norman and Jack Ballasgreen | 1 | 1 |
| Henry Lee Bryan v. Clarence Jones, Sheriff, Henry Wade, District Attorney, Fidelity & Deposit Co.& Lena Giddensgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Robinson
neutral
2 sentences2012State v. Linnear, supra; State v. Robinson, 37,043 (La.App.2d Cir.5/14/03), 848 So.2d 642 . 2008State v. Robinson, 37,043 (La.App. 2d Cir.5/14/03), 848 So.2d 642 . | 7 | 2004–2012 |
State v. Ford
green
2 sentences1986In Freeman, supra, at page 1163, the majority stated: In the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary.4 State v. Landry, supra ; State v. Ford, 368 So.2d 1074 (La.1979); State v. Guinn, supra . 1983In the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. [4] State v. Landry, supra ; State v. Ford, 368 So.2d 1074 (La.1979); State v. Guinn, supra . | 6 | 1983–1998 |
State v. Landry
green
2 sentences1984The defense of justification requires evidence on two points, as noted by the Supreme Court in State v. Landry, 381 So.2d 462 (La.1980), at p. 467: "Justification requires a dual inquiry. 1983In the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. [4] State v. Landry, supra ; State v. Ford, 368 So.2d 1074 (La.1979); State v. Guinn, supra . | 6 | 1983–1992 |
State v. Perkins
green
2 sentences2019The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; (2) a subjective inquiry into whether the force was apparently necessary, State v. Perkins, 527 So.2d 48 (La.App. 3 Cir.1988). 2019The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; (2) a subjective inquiry into whether the force was apparently necessary, State v. Perkins, 527 So.2d 48 (La.App. 3 Cir.1988). | 5 | 1998–2019 |
State v. Guinn
green
2 sentences1986In Freeman, supra, at page 1163, the majority stated: In the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary.4 State v. Landry, supra ; State v. Ford, 368 So.2d 1074 (La.1979); State v. Guinn, supra . 1983In the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. [4] State v. Landry, supra ; State v. Ford, 368 So.2d 1074 (La.1979); State v. Guinn, supra . | 5 | 1983–1998 |
Guillory v. Interstate Gas Station
green
2 sentences2001In Guillory v. Interstate Gas Station, 94-1767 (La.3/30/95), 653 So.2d 1152 , the Louisiana Supreme Court discussed the requirements of LSA-R.S. 23:1032: The terms “arising out of’ and “in the course of’ constitute a dual requirement. 1997The Louisiana Supreme Court discussed the requirements of La.R.S. 23:1032 in Guillory v. Interstate Gas Station, 94-1767 (La. 3/30/95), 653 So.2d 1152 stating: The terms "arising out of" and "in the course of" constitute a dual requirement. | 4 | 1997–2003 |
State v. Barnes
green
2 sentences2010See State v. Wright, 99-1187 (La.App. 3 Cir. 3/1/00) , 758 So.2d 301 , writ denied, State ex rel Wright v. State, 2000-1614 (La.3/9/01), 786 So.2d 118 ; State v. Banes, 491 So.2d 42 (La.App. 5 Cir.1986). 2003The Fifth Circuit in State v. Barnes, 491 So.2d 42 (La.App. 5 Cir.1986), citing State v. Freeman, 427 So.2d 1161 (La.1983) found: [I]n the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. | 3 | 2003–2010 |
State v. McClure
neutral
2 sentences2009State v. Robinson, supra, citing State v. McClure, 34,880 (La.App.2d Cir.08/22/01), 793 So.2d 454 . 2007Robinson, supra, citing State v. McClure, 34,880 (La.App. 2d Cir.08/22/01), 793 So.2d 454 . | 3 | 2003–2009 |
State v. Cheatwood
green
2 sentences2010Rev.Stat. 14:18; State v. Cheatwood, 458 So.2d 907 (La.1984). * * * As noted by this Court in State v. Fluker, 618 So.2d 459, 462 (La.App. 4 Cir.1993): "In a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable *1250 under the circumstances; and, a subjective inquiry into whether the force was apparently necessary." Other courts of appeal in Louisiana have held that as an affirmative defense, the defendant has the burden of showing justification by a preponderance of the evidence. 2010Rev.Stat. 14:18; State v. Cheatwood, 458 So.2d 907 (La.1984). [[Image here]] As noted by this Court in State v. Fluker, 618 So.2d 459, 462 (La.App. 4 Cir.1993): “In a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was rea sonable under the circumstances; and, a subjective inquiry into whether the force was apparently necessary.” Other courts of appeal in Louisiana have held that as an affirmative defense, the defendant has the burden of showing justification by a preponderance of the evidence. | 2 | 2010–2018 |
State v. Jefferson
green
2 sentences2014State v. Freeman, 427 So.2d 1161, 1163 (La.1983); State v. Jefferson, 2004-1960, pp. 9-10 (La.App. 4 Cir. 12/21/05), 922 So.2d 577, 587 . 2010State v. Freeman, 427 So.2d 1161, 1163 (La.1988); State v. Jefferson, 2004-1960, pp. 9-10 (La.App. 4 Cir. 12/21/05), 922 So.2d 577, 587 . | 2 | 2010–2014 |
State v. Anderson
green
2 sentences2012“The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; [and] (2) a |7subjective inquiry into whether the force was apparently necessary.” State v. Anderson, 98-492, p. 10 (La.App. 3 Cir. 10/28/98), 721 So.2d 1006, 1011 , writ denied, 98-2976 (La.3/19/99), 739 So.2d 781 . 2002“The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; (2) a subjective inquiry into whether the force was apparently necessary.” State v. Anderson, 98-492, p. 10 (La.App. 3 Cir. 10/28/98); 721 So.2d 1006, 1011 , writ denied, 98-2976 (La.3/19/99); 739 So.2d 781 (citing State v. Hall, 606 So.2d 972 (La.App. 3 Cir.1992), writ denied, 93-51 (La. 11/11/94); 644 So.2d 385 ). | 2 | 2002–2012 |
State v. Franklin
green
2 sentences2012“The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; [and] (2) a |7subjective inquiry into whether the force was apparently necessary.” State v. Anderson, 98-492, p. 10 (La.App. 3 Cir. 10/28/98), 721 So.2d 1006, 1011 , writ denied, 98-2976 (La.3/19/99), 739 So.2d 781 . 2002“The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; (2) a subjective inquiry into whether the force was apparently necessary.” State v. Anderson, 98-492, p. 10 (La.App. 3 Cir. 10/28/98); 721 So.2d 1006, 1011 , writ denied, 98-2976 (La.3/19/99); 739 So.2d 781 (citing State v. Hall, 606 So.2d 972 (La.App. 3 Cir.1992), writ denied, 93-51 (La. 11/11/94); 644 So.2d 385 ). | 2 | 2002–2012 |
State v. Woods
green
2 sentences2009In State v. Woods, on rehearing 2000-2712, p. 2 (La.App. 4 Cir. 9/11/02), 828 So.2d 6, 15 , this court addressed the doctrine of self-defense: As noted by this court in State v. Fluker, 618 So.2d 459, 462 (La.App. 4 Cir.1993): “In a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable under the circumstances; and, a subjective inquiry into whether the force was apparently necessary.” See also State v. Freeman, 427 So.2d 1161 (La.1983); State v. Sparrow, 612 So.2d 191 (La.App. 4 Cir.1992). 2003In State v. Woods, 2000-2712, p. 10 (La.App. 4 Cir. 5/29/02), 828 So.2d 6, 15 , this court stated that "in the non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary." In the instant case, the eyewitness testimony given by Dorvilier and McClain, who had no interest in the case, described the defendants' attack upon the victim as unprovoked. | 2 | 2003–2009 |
State v. Sparrow
green
2 sentences2009In State v. Woods, on rehearing 2000-2712, p. 2 (La.App. 4 Cir. 9/11/02), 828 So.2d 6, 15 , this court addressed the doctrine of self-defense: As noted by this court in State v. Fluker, 618 So.2d 459, 462 (La.App. 4 Cir.1993): “In a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable under the circumstances; and, a subjective inquiry into whether the force was apparently necessary.” See also State v. Freeman, 427 So.2d 1161 (La.1983); State v. Sparrow, 612 So.2d 191 (La.App. 4 Cir.1992). 2002As noted by this court in State v. Fluker, 618 So.2d 459, 462 (La.App. 4 Cir. 1993): "In a non-homicide situation, the defense of justification requires a dual inquiry, namely: an objective inquiry into whether the force used was reasonable under the circumstances; and, a subjective inquiry into whether the force was apparently necessary." See also State v. Freeman, 427 So.2d 1161 (La.1983); State v. Sparrow, 612 So.2d 191 (La.App. 4 Cir. 1992). | 2 | 2002–2009 |
State v. Wallace
neutral
2 sentences2003State v. McClure, 34,880 (La.App.2d Cir.8/22/01), 793 So.2d 454 , citing State v. McBride, 00-00422 (La.App. 3d Cir.11/15/00), 773 So.2d 849 , writ denied, 01-0294 (La.2/8/02), 807 So.2d 858 , and State v. Wallace, 98-2450 (La.App. 1st Cir.9/24/99), 754 So.2d 991 . 2001State v. McBride, 00-00422, (La.App. 3d Cir.11/15/00), 773 So.2d 849 ; State v. Wallace, 98-2450 (La.App. 1st Cir.9/24/99), 754 So.2d 991 . | 2 | 2001–2003 |
State v. McBride
green
2 sentences2003State v. McClure, 34,880 (La.App.2d Cir.8/22/01), 793 So.2d 454 , citing State v. McBride, 00-00422 (La.App. 3d Cir.11/15/00), 773 So.2d 849 , writ denied, 01-0294 (La.2/8/02), 807 So.2d 858 , and State v. Wallace, 98-2450 (La.App. 1st Cir.9/24/99), 754 So.2d 991 . 2001State v. McBride, 00-00422, (La.App. 3d Cir.11/15/00), 773 So.2d 849 ; State v. Wallace, 98-2450 (La.App. 1st Cir.9/24/99), 754 So.2d 991 . | 2 | 2001–2003 |
State Ex Rel. Hall v. Whitley
green
2 sentences2002“The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable under the circumstances; (2) a subjective inquiry into whether the force was apparently necessary.” State v. Anderson, 98-492, p. 10 (La.App. 3 Cir. 10/28/98); 721 So.2d 1006, 1011 , writ denied, 98-2976 (La.3/19/99); 739 So.2d 781 (citing State v. Hall, 606 So.2d 972 (La.App. 3 Cir.1992), writ denied, 93-51 (La. 11/11/94); 644 So.2d 385 ). 2000This court has held in State v. Hall, 606 So.2d 972, 974-74 (La.App. 3 Cir.1992), writ denied, 93-51 (La. 11/11/94); 644 So.2d 385 that: “The issue of self-defense requires a dual inquiry: (1) an objective inquiry into whether the force used was reasonable ^L^under the circumstances; [and] (2) a subjective inquiry into whether force was apparently necessary. | 2 | 2000–2002 |
May v. SISTERS OF CHARITY OF INCARNATE WORD
neutral
2 sentences2002May v. Sisters of Charity of the Incarnate Word, 26,490, p. 3-4 (La.App. 2 Cir. 3/1/95), 651 So.2d 375, 378 , writ denied, 95-0804 (La.5/5/95), 654 So.2d 329 . 1997May v. Sisters of Charity of the Incarnate Word, 26,490 (La.App.2d Cir. 3/1/95), 651 So.2d 375 . | 2 | 1997–2002 |
State v. Willis
green
2 sentences1999State v. Willis, 591 So.2d 365, 370 (La.App. 1st Cir.1991), writ denied, 594 So.2d 1316 (La.1992). 1998State v. Willis, 591 So.2d 365, 370 (La.App. 1st Cir.1991), writ denied, 594 So.2d 1316 (La.1992). | 2 | 1998–1999 |
| Patricia Pedelahore, Wife Of/and Norman Pedelahore v. Astropark, Inc. green | 2 | 1985–1986 |
| Robinson v. Vanguard Ins. Co. green | 2 | 1986–1986 |
| Robinson v. Vanguard Ins. Co. neutral | 2 | 1986–1986 |
Robinson v. Vanguard Ins. Co.
green
2 sentences1986McBead Drilling Company v. Kremco, LTD., 490 So.2d 674 (La.App. 2d Cir.1986); Robinson v. Vanguard Insurance Company, 468 So.2d 1360 (La.App. 1st Cir.1985), writs denied 472 So.2d 34 (La.1985), 472 So.2d 924 (La.1985). 1986In Robinson v. Vanguard Insurance Company, 468 So.2d 1360 (La.App. 1st Cir. 1985), writs denied 472 So.2d 34 (La.1985), 472 So.2d 924 (La.1985), the court noted that in determining whether Louisiana has personal jurisdiction over a nonresident foreign corporation, a dual inquiry must be made. (1) Does the Louisiana Long Arm Statute provide for the assertion of jurisdiction in the context of the facts of the case; and (2) is the assertion of jurisdiction by Louisiana constitutionally permissible, that is, will the exercise of personal jurisdiction over the defendant be consonant with "tradition | 2 | 1986–1986 |
| P. C. Pfeiffer Co. v. Ford green | 2 | 1981–1984 |
| State v. De Gruy green | 1 | 2022–2022 |
| State v. Williams neutral | 1 | 2019–2019 |
| State v. Wischer green | 1 | 2018–2018 |
| State v. Baham neutral | 1 | 2018–2018 |
| State v. Baham neutral | 1 | 2018–2018 |
| State v. Cooks green | 1 | 2014–2014 |
| State v. Dennis green | 1 | 2014–2014 |
| Lenard v. Dilley green | 1 | 2013–2013 |
| State v. Golson green | 1 | 2012–2012 |
| Blockburger v. United States green | 1 | 2012–2012 |
| State v. Golson neutral | 1 | 2012–2012 |
| State v. Brown green | 1 | 2008–2008 |
| State v. Kirkland green | 1 | 2008–2008 |
| Perry v. United States green | 1 | 2003–2003 |
| Caritas Services, Inc. v. Department of Social & Health Services green | 1 | 2003–2003 |
| United States Trust Co. of NY v. New Jersey green | 1 | 2003–2003 |
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.
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.