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← 956 So. 2d 160 - State v. Richards

956 So. 2d 160 - State v. Richards’s Empirical Analysis

2007

Citation profile

12
cited by 12 later decisions
1
states following
March 2015
most recently cited

12 state decisions

Relationships

Relies on Jackson v. Virginia · 448 So. 2d 676 - State v. Captville · 796 So. 2d 649 - State v. Neal · Spinoza v. Mancusi · 936 So. 2d 108 - State v. Leger

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A person who is the aggressor or who brings on a difficulty cannot claim the right of self-defense unless he withdraws from the conflict in good faith and in such a manner that his adversary knows or should know that he desires to withdraw and discontinue the conflict.”
    5 later decisions quote this exact passage
  2. “Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1). In evaluating the sufficiency of the evidence to support a conviction, a reviewing court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged. Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State v. Captville, 448 So.2d 676, 678 (La.1984). Additionally, where circumstantial evidence forms the basis of the conviction, the evidence must exclude every reasonable hypothesis of innocence, "assuming every fact to be proved that the evidence tends to prove." La. R.S. 15:438; see State v. Neal, XXXX-XXXX[,] p. 9 (La.6/29/01), 796 So.2d 649, 657 , cert. denied, 535 U.S. 940 , 122 S.Ct. 1323 , 152 L.Ed.2d 231 (2002). The statutory test of La. R.S. 15:438 "works with the Jackson constitutional sufficiency test to evaluate whether all evidence, direct and circumstantial, is sufficient to prove guilt beyond a reasonable doubt to a rational jury." Neal , XXXX-XXXX[,] p. 9, 796 So.2d at 657 . State v. Leger, 05-11, p. 91 (La.7/10/06), 936 So.2d 108, 170 . Louisiana courts have held that a showing that a Defendant inflicted multiple cut, slash, or stab wounds on a victim is sufficient to support a finding that the Defendant intended to commit seco”
    1 later decision quote this exact passage
  3. “a Defendant's concealment of the body is inconsistent with a self-defense argument. State v. Patorno, 01-2585 (La.App. 1 Cir. 6/21/02) , 822 So.2d 141 .”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.