defendant raised defense (Louisiana) · Go Syfert
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defendant raised defense in Louisiana

10 Louisiana opinions name it 1 courts 1990–2020 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 (1)

CaseFollowedCited
State v. Sylvestergreen
lactapp · 1983 · cited in 4 Louisiana opinions naming this issue, 1990–1993
2 sentences

1993As this court noted in State v. Sylvester, 438 So.2d 1277, 1281 (La.App. 3rd Cir.1983), writ denied, 444 So.2d 606 (La. 1984), a defendant in a homicide prosecution who asserts that he acted in self-defense does not have the burden of proof on that issue, rather, the State bears the burden of establishing beyond a reasonable doubt that the homicide was not committed in self-defense.

1992State v. Sylvester, 438 So.2d 1277 (La.App. 3d Cir.1983), writ denied, 444 So.2d 606 (La.1984), citing State v. Brown, 414 So.2d 726 (La.1982).

14

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
State Ex Rel. Monroe v. Maggio green
la · 1984
2 sentences

1993As this court noted in State v. Sylvester, 438 So.2d 1277, 1281 (La.App. 3rd Cir.1983), writ denied, 444 So.2d 606 (La. 1984), a defendant in a homicide prosecution who asserts that he acted in self-defense does not have the burden of proof on that issue, rather, the State bears the burden of establishing beyond a reasonable doubt that the homicide was not committed in self-defense.

1992State v. Sylvester, 438 So.2d 1277 (La.App. 3d Cir.1983), writ denied, 444 So.2d 606 (La.1984), citing State v. Brown, 414 So.2d 726 (La.1982).

31991–1993
State v. Brown green
la · 1982
2 sentences

1992State v. Sylvester, 438 So.2d 1277 (La.App. 3d Cir.1983), writ denied, 444 So.2d 606 (La.1984), citing State v. Brown, 414 So.2d 726 (La.1982).

1991State v. Sylvester, 438 So.2d 1277 (La.App. 3 Cir. 1983), writ den., 444 So.2d 606 (La.1984), citing State v. Brown, 414 So.2d 726 (La. 1982).

31990–1992
State v. Blue green
lactapp · 2010
2 sentences

2018The same situation is found in State v. Blue , 09-1111 (La.App. 3 Cir. 4/7/10) , 34 So.3d 447 , and State v. Charles , 15-518 (La.App. 3 Cir. 11/25/15) , 178 So.3d 1157 , which are cited by the state.

2018The same situation is found in State v. Blue , 09-1111 (La.App. 3 Cir. 4/7/10) , 34 So.3d 447 , and State v. Charles , 15-518 (La.App. 3 Cir. 11/25/15) , 178 So.3d 1157 , which are cited by the state.

22018–2018
State v. Charles neutral
lactapp · 2015
2 sentences

2018The same situation is found in State v. Blue , 09-1111 (La.App. 3 Cir. 4/7/10) , 34 So.3d 447 , and State v. Charles , 15-518 (La.App. 3 Cir. 11/25/15) , 178 So.3d 1157 , which are cited by the state.

2018The same situation is found in State v. Blue , 09-1111 (La.App. 3 Cir. 4/7/10) , 34 So.3d 447 , and State v. Charles , 15-518 (La.App. 3 Cir. 11/25/15) , 178 So.3d 1157 , which are cited by the state.

22018–2018
State v. Winstead neutral
lactapp · 2016
2 sentences

2020App. 5 Cir. 5/26/16), 193 So. 3d 565 , the defendant raised such a challenge.

2020The Winstead Court, in finding that “a rational trier of fact could have found the evidence was sufficient with respect to establishing the validity of the Intoxilyzer 5000 test results,” took note of the strict regulations imposed to ensure the integrity and reliability of breathalyzer tests and emphasized that the machine at issue had been tested both before and after the defendant’s test and found to be in perfectly good working order. 16-217, p. 11, 193 So. 3d at 573 .

12020–2020
City of Thibodaux v. Louisiana Power & Light Co. green
lactapp · 1960
1 sentence

2008The entirety of the first circuit's opinion relative to this issue is as follows: "The possibility that the municipality might charge higher rates than the former owner and operator of the utilities is not restrictive of the municipality's power to expropriate." Thibodaux, 126 So.2d at 36 .

12008–2008
Lemmon v. Connick green
la · 1991
1 sentence

1997The Public Records Act was interpreted to allow defendants full access to district attorney’s files and supplemental police reports for purposes of posteonviction relief in Lemmon v. Connick, 590 So.2d 574 (La.1991).

11997–1997
State v. Baker green
lactapp · 1984
1 sentence

1995NOTES [1] In State v. Baker, 452 So.2d 737 (La.App. 1st Cir.1984), the defendant raised an error as to his sentence under the habitual offender law for the first time in his brief.

11995–1995

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:30.1 (5) LA § La. Rev. Stat. § 14:20 (3) LA § La. Rev. Stat. § 15:529.1 (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

IL 34 (1954–2025) CT 23 (1982–2026) MA 20 (1981–2026) PA 13 (1970–2026) LA 10 (1990–2020) MI 9 (1917–2024) MN 9 (2005–2025) FL 8 (1973–2015) WA 8 (1984–2019) NM 7 (2003–2022) NC 6 (2006–2017) AL 6 (1991–2001) CA 6 (1985–2020) TX 6 (1992–2023) KS 5 (1994–2017) NY 5 (1984–2017) OH 4 (2007–2025) MO 4 (1905–2015) AZ 4 (1990–2020) GA 4 (1936–2019) OK 3 (2017–2024) OR 3 (1997–2015) IN 3 (1995–2015) MT 3 (1988–2000) MD 3 (2003–2011) NV 3 (2018–2018) UT 3 (2024–2026) NH 2 (1984–1995) MS 2 (2000–2022) WY 2 (1975–1978) IA 2 (2019–2019) TN 2 (1999–2019) NJ 2 (2002–2019)

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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