State v. Deshotel

Supreme Court of Louisiana

State v. Deshotel

674 So. 2d 260, 1996 WL 291418

CourtSupreme Court of Louisiana

DecidedMay 31, 1996

DocketNo. 96-KK-0778

StatusPublished

Cited by4 cases

This text of 674 So. 2d 260 (State v. Deshotel) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Deshotel, 674 So. 2d 260, 1996 WL 291418 (La. 1996).

Pincite

Opinion

PER CURIAM.

Writ granted; case remanded. Louisiana sanctions the use of deadly force to prevent commission of a violent or forcible felony carrying the risk of death or of great bodily harm directed against the person. La.Rev.Stat. 14:20(2); State v. Plumlee, 177 La. 687, 698-699, 149 So. 425 (1933); Carmouche v. Bouis, 6 La.Ann. 95, 97 (1851); State v. Chandler, 5 La.Ann. 489, 490-491 (1850). Other jurisdictions share this approach. See Warren LaFave and Austin Scott, Substantive Criminal Law, § 5.7 (West 1986); Wharton’s Criminal Law, §§ 127-130 (Torda ed. 1979). The circumstances must be such that a reasonable person would conclude “that there would be serious danger to his own life or person.... ” La.Rev.Stat. 14:20(2). If supported by the evidence presented at trial, the defendant is entitled to an instruction, which may be delivered by the trial court under its general duty to charge jurors “[a]s to the law applicable to the case,” La.Code Crim.Proc. art. 802(1), that an individual is entitled to act in self-defense upon a reasonable belief that he would thereby prevent the intentional infliction of serious bodily injury to his person. The reasonableness of the accused’s perception of the impending harm, as well as the reasonableness of his response, are matters exclusively for the jury. Consideration of the disputed jury charges is pretermitted. The case is remanded to the district court for further proceedings consistent with the views expressed here.

BLEICH, J., not on panel.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Writ granted; case remanded. Louisiana sanctions the use of deadly force to prevent commission of a violent or forcible felony carrying the risk of death or of great bodily harm directed against the person. La.Rev.Stat. 14:20(2); State v. Plumlee, 177 La. 687, 698-699, 149 So. 425 (1933); Carmouche v. Bouis, 6 La.Ann. 95, 97 (1851); State v. Chandler, 5 La.Ann. 489, 490-491 (1850). Other jurisdictions share this approach. See Warren LaFave and Austin Scott, Substantive Criminal Law, § 5.7 (West 1986); Wharton’s Criminal Law, §§ 127-130 (Torda ed. 1979). The circumstances must be such that a reasonable person would conclude “that there would be serious danger to his own life or person.... ” La.Rev.Stat. 14:20(2). If supported by the evidence presented at trial, the defendant is entitled to an instruction, which may be delivered by the trial court under its general duty to charge jurors “[a]s to the law applicable to the case,” La.Code Crim.Proc. art. 802(1), that an individual is entitled to act in self-defense upon a reasonable belief that he would thereby prevent the intentional infliction of serious bodily injury to his person. The reasonableness of the accused’s perception of the impending harm, as well as the reasonableness of his response, are matters exclusively for the jury. Consideration of the disputed jury charges is pretermitted. The case is remanded to the district court for further proceedings consistent with the views expressed here.

BLEICH, J., not on panel.

Cite This Page — Counsel Stack

Bluebook (online)

674 So. 2d 260, 1996 WL 291418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-deshotel-la-1996.

Opinion

Related

Cite This Page — Counsel Stack