Opinion
2023 KW 0949
10-13-2023
STATE OF LOUISIANA v. JAMES A. BLAKE
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 dual inquiry is required; "an objective inquiry into whether the force used was reasonable under the circumstances; and subjective inquiry into whether the force used was apparently necessary." See State v. Freeman, 427 So.2d 1161, 1163 (La. 1983) . If the burden of persuasion was placed on the State to disprove the subjective influences, the State would bear an onerous burden "since it would only be the defendant who has these facts at his disposal to produce to the court." See Cheatham, 877 So.2d at 173.