State v. Maddox

39 Citing cases

  1. 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.

  2. 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.

  3. 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).

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. State v. Meade

    2021 KA 1490 (La. Ct. App. Sep. 16, 2022)

    Id.See alsoState v. Triggs, 44,178 (La.App. 2nd Cir. 7/1/09), 16 So.3d 482, 491-92; State v. Quinn, 526 So.2d 322, 323-24 (La.App. 4th Cir. 1988), writ denied, 538 So.2d 586 (La. 1989); State v. Maddox, 522 So.2d 579, 582 (La.App. 1st Cir. 1988). There was nothing in the hours leading up to the defendant's shooting and killing Jeremy to suggest that either Laura or Jeremy did anything to provoke the defendant.

  9. State v. Crehan

    2018 KA 0746 (La. Ct. App. Nov. 5, 2018)   Cited 2 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.

  10. State v. Rawson

    NO. 2017 KA 0430 (La. Ct. App. Sep. 15, 2017)

    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). Further, manslaughter requires the presence of specific intent to kill or inflict great bodily harm.