State to negate defense (Louisiana) · Go Syfert
← Louisiana issues

State to negate defense in Louisiana

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.

Followed or applied (3)

CaseFollowedCited
State v. Davisgreen
la · 1994 · cited in 4 Louisiana opinions naming this issue, 2014–2016
2 sentences

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, 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 .

44
State v. Smithgreen
lactapp · 1996 · cited in 4 Louisiana opinions naming this issue, 2014–2016
2 sentences

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, 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 .

44
State of Louisiana v. Eric Dale Mickelsongreen
la · 2014 · cited in 3 Louisiana opinions naming this issue, 2015–2024
2 sentences

2024In 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 .

13

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 (4)

CaseCitedYears
State v. Patterson neutral
la · 2001
1 sentence

2020State 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 .

12020–2020
State v. Patterson neutral
lactapp · 2000
1 sentence

2020State 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 .

12020–2020
State v. Bias green
la · 2011
1 sentence

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 .

12017–2017
State v. Bias green
lactapp · 2011
2 sentences

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 .

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 .

12017–2017

Statutes the citing opinions construe

LA § La. Rev. Stat. § 14:15 (7) LA § La. Rev. Stat. § 14:10 (6) LA § La. Rev. Stat. § 14:30 (4) LA § La. Rev. Stat. § 14:27 (3) LA § La. Rev. Stat. § 14:30.1 (3) LA § La. Rev. Stat. § 15:438 (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

IN 12 (1978–2017) LA 8 (2014–2024) RI 2 (2006–2014)

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.

← Caselaw search · G Cite Topics · Brief Check