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State v. DavisState v. Davis

Supreme Court of Louisiana
Apr 7, 1989
88-K-3138
Versions:541 So. 2d 831
1989 WL 31792

Granted. The case is remanded to the Fourth Circuit Court of Appeal for reconsideration in light of the entire jury charge given by the trial court. If the trial court properly instructed the jurors that the state had the burden of proving every essential element of the offense beyond a reasonable doubt, In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970); La.C.Cr.P. art. 804, the court of appeal should consider whether the facts necessarily found by the jury in its verdict satisfy the due process standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), see, State v. Captville, 448 So.2d 676 (La.1984), and whether any ambiguity in the trial court‘s charge on circumstantial evidence was harmless error. See, Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918, 95 L.Ed.2d 439 (1987); Rose v. Clark, 478 U.S. 570, 106 S.Ct. 3101, 92 L.Ed.2d 460 (1986).

Case Details

Case Name: State v. Davis
Court Name: Supreme Court of Louisiana
Date Published: Apr 7, 1989
Citations: 541 So. 2d 831; 1989 WL 31792; 88-K-3138
Docket Number: 88-K-3138
Court Abbreviation: La.
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