State Of Louisiana v. James A. Blake

• Court: Louisiana Court of Appeal
• Decided: October 13, 2023
• Docket: 2023KW0949
• Status: Unknown

Opinion

STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2023 KW 0949

VERSUS

JAMES A. BLAKE OCTOBER 13, 2023

In Re: State of Louisiana, applying for supervisory writs,

20th Judicial District Court, Parish of West

Feliciana, No. 23- WFLN- 41.

BEFORE: WELCH, HOLDRIDGE,, AND WOLFE, JJ.

WRIT DENIED.

JEW

GH

Wolfe, J., dissents and would grant the writ application.

The defendant bears the burden of persuasion by a preponderance of the evidence in non - homicide cases involving self- defense. See State v. Cheatham, 38, 413 ( La. App. 2nd Cir. 6/ 23/ 04), 877 So. 2d 164, 172- 73, writ denied, 2004- 2224 ( La. 6/ 24/ 05), 904 So. 2d 717. in non - homicide cases where self- defense is raised, a

1, ua.1 inquiry --,. s required; " an objective inquiry into whether the force used was reasonable under the circumstances; and

subjective inquiry into wnether the force used was apparently necessary." See State v. Freeman, 427 So. 2d 1161, 1163 ( La.

1983). if the burden of on , was persuasion placed on the State t.o

disprove the subjective Ct' Lve influences, the State would bear an

onerous burden " since ` Lt would only be the defendant who has these facts at his disposal S.fDOsal to produce to the court." See

Cheatham, 877 So. 2d at 17-3).