defendant may rebut presumption in Louisiana

11 Louisiana opinions name it 2 courts 1983–2019 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 (4)

Case	Followed	Cited
State v. Williamsgreen lactapp · 1996 · cited in 2 Louisiana opinions naming this issue, 2019–2019 2 sentences 2019Williams , 677 So.2d at 699 (emphasis added). 700 I note too, our state supreme court has held that a defendant may rebut the presumption that a mandatory sentence is constitutional with clear and convincing evidence that demonstrates he is an exception for which "the legislature failed to assign a sentence meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case." State v. Johnson , 97-1906 p. 7 (La. 3/4/98), 709 So.2d 672 , 676. 2019Williams , 677 So.2d at 699 (emphasis added). 700 I note too, our state supreme court has held that a defendant may rebut the presumption that a mandatory sentence is constitutional with clear and convincing evidence that demonstrates he is an exception for which "the legislature failed to assign a sentence meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case." State v. Johnson , 97-1906 p. 7 (La. 3/4/98), 709 So.2d 672 , 676.	2	2
State v. Davidgreen la · 1983 · cited in 4 Louisiana opinions naming this issue, 1984–1996 2 sentences 1996"A defendant may rebut this presumption by showing, by a preponderance of the evidence, that he was suffering from a 1075 mental disease or defect which rendered him incapable of distinguishing right from wrong with reference to the conduct in question." State v. David, 425 So.2d 1241, 1244 (La. 1983). 1989*State v. David, 425 So.2d 1241 (La.1983); State v. Monk, 454 So.2d 421 (La.App. 3rd Cir.1984), writ denied, 459 So.2d 537 (La. 1984).	1	4
State v. Roygreen la · 1981 · cited in 2 Louisiana opinions naming this issue, 1983–1984 2 sentences 1984State v. David, supra; State v. Roy, 395 So.2d 664 (La.1981); La.C.Cr.P. 1983State v. Roy, 395 So.2d 664, 665-66 (La. 1981); C.Cr.P. art. 652; La.R.S. 14:14.	1	2
Saucier v. Winn-Dixie Louisiana, Inc.green lactapp · 1986 · cited in 1 Louisiana opinions naming this issue, 1988–1988 1 sentence 1988Saucier v. Winn-Dixie Louisiana, *1166 Inc., 499 So.2d 1033, 1036 (La.App. 3d Cir. 1986).	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. Johnson green la · 1998 2 sentences 2019Williams , 677 So.2d at 699 (emphasis added). 700 I note too, our state supreme court has held that a defendant may rebut the presumption that a mandatory sentence is constitutional with clear and convincing evidence that demonstrates he is an exception for which "the legislature failed to assign a sentence meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case." State v. Johnson , 97-1906 p. 7 (La. 3/4/98), 709 So.2d 672 , 676. 2019Williams , 677 So.2d at 699 (emphasis added). 700 I note too, our state supreme court has held that a defendant may rebut the presumption that a mandatory sentence is constitutional with clear and convincing evidence that demonstrates he is an exception for which "the legislature failed to assign a sentence meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case." State v. Johnson , 97-1906 p. 7 (La. 3/4/98), 709 So.2d 672 , 676.	4	2014–2019
Arledge v. Hendricks green lactapp · 1998 1 sentence 2014Arledge , 30-588 at p. 4, 715 So.2d at 138 ; Costello , 03-1146 at 14, 864 So.2d at 140 .	1	2014–2014
Costello v. Hardy green la · 2004 1 sentence 2014Arledge , 30-588 at p. 4, 715 So.2d at 138 ; Costello , 03-1146 at 14, 864 So.2d at 140 .	1	2014–2014
State v. Celestine green la · 2012 1 sentence 2014However, a defendant may rebut the presumption by showing, clearly and convincingly, that he is “exceptional,” meaning that “because of unusual circumstances this defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case.” State v. Celestine, 2012-0241 (La.7/2/12), 92 So.3d 335 ; State v. Johnson, 97-1906 (La.3/4/98), 709 So.2d 672 .	1	2014–2014
State v. Monk neutral lactapp · 1984 1 sentence 1989State v. David, 425 So.2d 1241 (La.1983); State v. Monk, 454 So.2d 421 (La.App. 3rd Cir.1984), writ denied, 459 So.2d 537 (La. 1984).	1	1989–1989
State v. Monk green la · 1984 1 sentence 1989State v. David, 425 So.2d 1241 (La.1983); State v. Monk, 454 So.2d 421 (La.App. 3rd Cir.1984), writ denied, 459 So.2d 537 (La. 1984).	1	1989–1989

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:14 (4) LA § La. Rev. Stat. § 15:432 (4) LA § La. Rev. Stat. § 14:30.1 (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

TX 39 (1982–2016) IL 18 (1924–2026) WI 15 (1989–2025) NJ 11 (2015–2026) LA 11 (1983–2019) WA 9 (1986–2026) MS 6 (2009–2017) NC 5 (1982–2011) MI 5 (2014–2025) NY 4 (1870–2025) AZ 3 (2007–2017) IN 3 (1986–1998) OH 3 (1991–2013) DC 3 (2018–2024) UT 3 (2007–2023) CT 3 (2005–2012) CA 2 (2021–2025) MA 2 (2008–2008)

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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