State Of Louisiana v. James A. Blake

STATE OF LOUISIANA STATE OF LOUISIANA NO. 2023 KW 0949 VERSUS JAMES A. BLAKE OCTOBER 13, 2023 In Re: 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 1, ua.1 inquiry --,. s required; " an objective inquiry into whether the force used was reasonable under the circumstances; and subjective inquiry into wnether the force used was apparently necessary." See State v. Freeman, 427 So. 2d 1161, 1163 ( La. 1983). if the burden of on , was persuasion placed on the State t.o disprove the subjective Ct' Lve influences, the State would bear an onerous burden " since ` Lt would only be the defendant who has these facts at his disposal S.fDOsal to produce to the court." See Cheatham, 877 So. 2d at 17-3 ).