comprehensive reasonable doubt standard (Louisiana) · Go Syfert
← Louisiana issues

comprehensive reasonable doubt standard in Louisiana

42 Louisiana opinions name it 2 courts 1984–2008 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)

CaseFollowedCited
State v. Nealygreen
la · 1984 · cited in 12 Louisiana opinions naming this issue, 1984–1987
2 sentences

1987Thus, although the circumstantial evidence rule ... may not establish a stricter standard of review than the more general reasonable juror's reasonable doubt formula, it emphasizes the need for careful observation of the usual standard and provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence." State v. Nealy, 450 So.2d 634, 637 (La.1984).

1986State v. Nealy, 450 So.2d 634 (La. 1984).

212
State v. Johnsongreen
lactapp · 1984 · cited in 2 Louisiana opinions naming this issue, 1985–1995
2 sentences

1995State v. Johnson, 461 So.2d 673, 674 (La.App. 1st Cir. 1984).

1985State v. Nealy, 450 So.2d 634 (La.1984); State v. Johnson, supra .

12
United States v. Nelson Bellgreen
ca5 · 1982 · cited in 1 Louisiana opinions naming this issue, 2001–2001
1 sentence

2001See United States v. Bell, 678 F.2d 547 (5th Cir.1982); State v. Sutton, 436 So.2d 471 (La.1983).

11
State v. Taylorgreen
lactapp · 1993 · cited in 1 Louisiana opinions naming this issue, 1994–1994
1 sentence

1994State v. Taylor, 621 So.2d 141, 147-48 (La.App.2d Cir.1993).

11

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 (10)

CaseCitedYears
State v. Wright green
la · 1984
2 sentences

2008State v. Wright, 445 So.2d 1198 (1984).

2000State v. Wright, 445 So.2d 1198 (La.1984).

161984–2008
State v. Chism green
la · 1983
2 sentences

1987As we stated in *278 State v. Chism, 436 So.2d 464 (La.1983).

1985As we stated in State v. Chism, 436 So.2d 464 (La.1983).

81984–1987
State v. Moore green
lactapp · 1985
2 sentences

1986State v. Nealy, 450 So.2d 634 (La. 1984); State v. Moore, supra .

1986State v. Moore, 477 So.2d 1231 (La.App. 1st Cir.1985), writs denied, 480 So.2d 739 , 741 (La.1986).

21986–1986
State v. Daley green
lactapp · 1985
2 sentences

1985As we stated in State v. Chism, 436 So.2d 464 (La.1983) La.R.S. 15:438 "may not establish a stricter standard of review than the more general reasonable jurors' reasonable doubt formula, but it emphasizes the need for careful observance of the usual standard, and provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence." See also State v. Daley, 463 So.2d 826 (La.App. 2d Cir.1985).

1985As we stated in State v. Chism, 436 So.2d 464 (La.1983) La.R.S. 15:438 `may not establish a stricter standard of review than the more general reasonable jurors' reasonable doubt formula, but it emphasizes the need for careful observance of the usual standard, and provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence.' See also State v. Daley, 463 So.2d 826 (La.App. 2d Cir.1985).

21985–1985
State v. Lott green
lactapp · 1988
1 sentence

2004In State v. Lott, 535 So.2d 963 (La.App. 2 Cir.1988), the second circuit stated: Exclusion of every reasonable hypothesis of innocence is a component of the more comprehensive reasonable doubt standard, when circumstantial evidence is used to convict.

12004–2004
State v. Sutton green
la · 1983
1 sentence

2001See United States v. Bell, 678 F.2d 547 (5th Cir.1982); State v. Sutton, 436 So.2d 471 (La.1983).

12001–2001
State v. Scott green
la · 1984
1 sentence

1986The requisite element of defendant's guilty knowledge, which was found lacking in State v. Scott, 456 So.2d 1383 (La.1984), could have reasonably been inferred by the trier of fact on the basis of Davis' testimony that defendant represented himself as "Richard Sears".

11986–1986
State v. Moore green
la · 1986
1 sentence

1986State v. Moore, 477 So.2d 1231 (La.App. 1st Cir.1985), writs denied, 480 So.2d 739 , 741 (La.1986).

11986–1986
State v. Eason green
lactapp · 1984
1 sentence

1985Exclusion of every reasonable hypothesis of innocence is, therefore, a component of the more comprehensive reasonable doubt standard, where circumstantial evidence is used to convict.” Id.

11985–1985
State v. Graham green
la · 1982
1 sentence

1984(Supra, at p. 1201) Finally, we note that in State v. Graham, 420 So.2d 1126 (La.1982), the court stated: "... specific intent is a state of mind, and need not be proven as a fact, but may be inferred from the circumstances of the transaction and the actions of defendant [citation omitted]." The threat associated with extortion is usually in regard to some future action with which the offender can exploit the victim, while the threat in simple robbery requires the victim's immediate intimidation or the fear of the instant use of force.

11984–1984

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:438 (40) LA § La. Rev. Stat. § 14:10 (9) LA § La. Rev. Stat. § 14:27 (9) LA § La. Rev. Stat. § 14:30.1 (7) LA § La. Rev. Stat. § 14:62 (6) LA § La. Rev. Stat. § 14:62.2 (5) LA § La. Rev. Stat. § 14:31 (4) LA § La. Rev. Stat. § 14:20 (3) LA § La. Rev. Stat. § 14:24 (3) LA § La. Rev. Stat. § 14:30 (3) LA § La. Rev. Stat. § 14:64 (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.

← Caselaw search · G Cite Topics · Brief Check