State v. Arabie

Decided February 20, 1987

Supreme Court of Louisiana · decided 1987-02-20

Key passage — most relied on by later courts

“"C. If the court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense, the court, in lieu of granting a post verdict judgment of acquittal, may modify the verdict and render a judgment of conviction on the lesser included responsive offense."”

quoted by 1 later decision, including 560 So. 2d 611 - State v. Heck

Relies on Hudson v. Louisiana

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-20

How this case has been cited

Cited by 11 later decisions — most recently May 2013

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LEMMON, Justice,

¶1concurring in the Denial of the Application.

¶2The double jeopardy problem encountered in Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), is not present here. The trial judge reviewed the jury verdict (on a post-verdict motion for acquittal) as a question of law and rendered a judgment of conviction on the lesser included responsive offense of manslaughter. La.C.Cr.P. art. 821 C. The court of appeal further reviewed the trial court’s action as a question of law and properly reinstated the verdict of guilty of second degree murder. This action by the court of appeal was not a retrial of the defendant and did not constitute a double jeopardy violation.