State v. Maddox

46 Citing cases

  1. Elzey v. Vannoy

    CIVIL ACTION NO. 15-2174 SECTION: "I"(1) (E.D. La. Sep. 28, 2015)

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La.App. 1 Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.

  2. State v. Verdin

    2016 KA 0439 (La. Ct. App. Oct. 31, 2016)

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La. App. 1st Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.

  3. State v. Pinestraw

    NUMBER 2016 KA 0553 (La. Ct. App. Oct. 31, 2016)

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La. App. 1st Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.

  4. State v. LaGarrigue

    2016 KA 0203 (La. Ct. App. Sep. 16, 2016)

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La. App. 1st Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm. SeeState v. Hilburn, 512 So.2d 497, 504 (La. App. 1st Cir.), writ denied, 515 So.2d 444 (La. 1987).

  5. State v. Elzey

    2014 KA 0452 (La. Ct. App. Sep. 19, 2014)   Cited 1 times

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La.App. 1 Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.

  6. State v. Hall

    2013 KA 0014 (La. Ct. App. Sep. 13, 2013)

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So. 2d 579, 582 (La. App. 1st Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.

  7. State v. Ensminger

    NO. 2012 KA 1614 (La. Ct. App. Apr. 26, 2013)   Cited 1 times

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La. App. 1st Cir. 1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.

  8. State v. Richardson

    5 So. 3d 1060 (La. Ct. App. 2009)   Cited 1 times

    The existence of "sudden passion" and "heat of blood" are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La.App. 1 Cir. 1988). Provocation is a question of fact to be determined by the jury.

  9. State v. Allen

    664 So. 2d 1264 (La. Ct. App. 1995)   Cited 64 times

    The presence of "sudden passion" or "heat of blood" are not elements of the offense of manslaughter, but, rather, are factors in the nature of mitigating circumstances which may reduce the grade of homicide. State v. Thorne, 93-859 (La.App. 5th Cir. 2/23/94), 633 So.2d 773, 777; State v. Holliday, 623 So.2d at 130; State v. Maddox, 522 So.2d 579, 582 (La.App. 1st Cir. 1988). When the preponderance of the evidence shows that a homicide was committed in "sudden passion" or "heat of blood" which would deprive an average person of his self-control and cool reflection, a jury errs in returning a verdict of second degree murder.

  10. Richardson v. Vannoy

    Civil Action 19-634-SDD-SDJ (M.D. La. Aug. 19, 2022)   Cited 1 times

    The existence of “sudden passion” and “heat of blood” are not elements of the offense but, rather, are factors in the nature of mitigating circumstances that may reduce the grade of homicide. State v. Maddox, 522 So.2d 579, 582 (La.App. 1st Cir.1988). Manslaughter requires the presence of specific intent to kill or inflict great bodily harm.