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8 Louisiana opinions name it 2 courts 2014–2024 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. Davisgreen2 sentences2016See State v. Smith, 94-2588, p. 5 (La.App. 4 Cir. 3/27/96), 672 So.2d 1034, 1038 , citing State v. Davis, 92-1623, p. 10 (La.5/23/94), 637 So.2d 1012, 1020 . |1fiWhether voluntary intoxication in a particular case is sufficient to preclude specific intent is a question to be resolved by the trier of fact. 2016See State v. Smith, 94-2588, p. 5 (La.App. 4 Cir. 3/27/96), 672 So.2d 1034, 1038 , citing State v. Davis, 92-1623 (La. 5/23/94), 637 So.2d 1012, 1020 . | 4 | 4 |
State v. Smithgreen2 sentences2016See State v. Smith, 94-2588, p. 5 (La.App. 4 Cir. 3/27/96), 672 So.2d 1034, 1038 , citing State v. Davis, 92-1623, p. 10 (La.5/23/94), 637 So.2d 1012, 1020 . |1fiWhether voluntary intoxication in a particular case is sufficient to preclude specific intent is a question to be resolved by the trier of fact. 2016See State v. Smith, 94-2588, p. 5 (La.App. 4 Cir. 3/27/96), 672 So.2d 1034, 1038 , citing State v. Davis, 92-1623 (La. 5/23/94), 637 So.2d 1012, 1020 . | 4 | 4 |
State of Louisiana v. Eric Dale Mickelsongreen2 sentences2024In State v. Mickelson, 2012- 2539 ( La. 9/ 3/ 14), 149 So. 3d 178, 183 ( citations omitted), the supreme court set out the standard for proving an intoxication defense: The defendant has the burden of proving his intoxication defense; thereafter, it falls to the state to negate that defense by showing beyond a reasonable doubt that specific intent was present despite the defendant' s alleged intoxication. 2017State v. Bias, 10-1440 (La.App. 3 Cir. 5/4/11) , 63 So.3d 399 , writ denied, 11-1063 (La. 11/14/11), 75 So.3d 939 . “[Thereafter, it falls to the state to negate that defense by showing beyond a reasonable doubt that specific intent was present despite the defendant’s alleged intoxication.” State v. Mickelson, 12-2539, p. 7 (La. 9/3/14), 149 So.3d 178, 183 . | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Patterson
neutral
1 sentence2020State v. Patterson, 99-994 (La. App. 5 Cir. 1/25/00), 752 So.2d 280, 284 , writ denied, 00-753 (La. 2/9/01), 785 So.2d 26 . | 1 | 2020–2020 |
State v. Patterson
neutral
1 sentence2020State v. Patterson, 99-994 (La. App. 5 Cir. 1/25/00), 752 So.2d 280, 284 , writ denied, 00-753 (La. 2/9/01), 785 So.2d 26 . | 1 | 2020–2020 |
State v. Bias
green
1 sentence2017State v. Bias, 10-1440 (La.App. 3 Cir. 5/4/11) , 63 So.3d 399 , writ denied, 11-1063 (La. 11/14/11), 75 So.3d 939 . “[Thereafter, it falls to the state to negate that defense by showing beyond a reasonable doubt that specific intent was present despite the defendant’s alleged intoxication.” State v. Mickelson, 12-2539, p. 7 (La. 9/3/14), 149 So.3d 178, 183 . | 1 | 2017–2017 |
State v. Bias
green
2 sentences2017State v. Bias, 10-1440 (La.App. 3 Cir. 5/4/11) , 63 So.3d 399 , writ denied, 11-1063 (La. 11/14/11), 75 So.3d 939 . “[Thereafter, it falls to the state to negate that defense by showing beyond a reasonable doubt that specific intent was present despite the defendant’s alleged intoxication.” State v. Mickelson, 12-2539, p. 7 (La. 9/3/14), 149 So.3d 178, 183 . 2017State v. Bias, 10-1440 (La.App. 3 Cir. 5/4/11) , 63 So.3d 399 , writ denied, 11-1063 (La. 11/14/11), 75 So.3d 939 . “[Thereafter, it falls to the state to negate that defense by showing beyond a reasonable doubt that specific intent was present despite the defendant’s alleged intoxication.” State v. Mickelson, 12-2539, p. 7 (La. 9/3/14), 149 So.3d 178, 183 . | 1 | 2017–2017 |
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.