State v. Lavigne

13 Citing cases

  1. Lavigne v. State

    No. 24-KH-403 (La. Ct. App. Jan. 16, 2025)

    The facts relating to the incident in which Lavigne shot and killed Connor are set forth at length in this Court's opinion on Lavigne's direct appeal. State v. Lavigne, 22-282, (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 927-37.

  2. State v. Little

    No. 24-KA-82 (La. Ct. App. Oct. 30, 2024)

    Resolution of conflicting testimony rests solely with the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 940, writ not considered, 23-1119 (La. 10/10/23), 370 So.3d 1086. It is not the function of the appellate court to assess the credibility of witnesses or reweigh the evidence.

  3. State v. Cotton

    392 So. 3d 1147 (La. Ct. App. 2024)

    Anders, supra (quoting State v. Governor, 331 So.2d 443 (La. 1976)). In State v. Lavigne, 22-282 (La. App. 5 Cir. 5/24/23), 365 So.3d 919, 951, writ not considered, 23-1119 (La. 10/10/23), 370 So.3d 1086, reconsideration denied, 23-1119 (La. 1/10/24), 375 So.3d 967, this Court found that the trial court’s charge regarding further deliberations did not include the elements that the United States Supreme Court found problematic in Allen. In Lavigne, the jury sent a note to the trial judge during deliberations stating it could not agree to a verdict on count one but had a verdict for count three.

  4. State v. Reed

    No. 24-KA-59 (La. Ct. App. Dec. 30, 2024)

    Thus, in the absence of internal contradiction or irreconcilable conflicts with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient to support a conviction. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 940, writ not considered, 23-1119 (La. 10/10/23), 370 So.3d 1086

  5. State v. Ross

    No. 24-KA-102 (La. Ct. App. Dec. 18, 2024)

    Indeed, the resolution of conflicting testimony rests solely with the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 940, writ not considered, 23-1119 (La. 10/10/23), 370 So.3d 1086. Thus, in the absence of internal contradiction or irreconcilable conflicts with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient to support a conviction.

  6. State v. Rogers

    No. 23-KA-558 (La. Ct. App. Aug. 28, 2024)

    Indeed, the resolution of conflicting testimony rests solely with the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 940, writ not considered, 231119 (La. 10/10/23), 370 So.3d 1086. Thus, in the absence of internal contradiction or irreconcilable conflicts with physical evidence, the testimony of one witness

  7. State v. Mantequilla

    No. 23-KA-335 (La. Ct. App. Aug. 21, 2024)

    Factors to consider in determining whether a defendant had a reasonable belief that the killing was necessary include the excitement and confusion of the situation, the possibility of using force or violence short of killing, and the defendant's knowledge of the assailant's bad character. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 941.

  8. State v. Marques

    No. 23-KA-503 (La. Ct. App. Aug. 7, 2024)

    The resolution of conflicting testimony rests solely with the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. State v. Lavigne, 22-282 (La.App. 5 Cir. 05/24/23), 365 So.3d 919, 940, writ not considered, 23-1119 (La. 10/10/23), 370 So.3d 1086. It is not the function of the appellate court to assess the credibility of witnesses or reweigh the evidence.

  9. State v. Kimble

    No. 22-KA-373 (La. Ct. App. May. 8, 2024)

    A post-verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the State, does not reasonably permit a finding of guilty. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 939, writ not considered, 23-1119 (La. 10/10/23), 370 So.3d 1086.

  10. State v. Smith

    No. 23-KA-308 (La. Ct. App. Feb. 28, 2024)

    This court has found that the "open-ended" statement that a sentence be served with "any other sentence" is distinguishable from a sentence ordered to be served concurrently with "any sentence [the defendant] may be serving," and requires correction. State v. Lavigne, 22-282 (La.App. 5 Cir. 5/24/23), 365 So.3d 919, 962. See also, State v. Nellon, 18-385 (La.App. 5 Cir. 12/19/18), 262 So.3d 441; State v. Wiley, 16-645 (La.App. 5 Cir. 4/12/17), 216 So.3d 393, 400.