Opinion

State v. Harris

  • 22 So. 3d 232
  • 2009 La. App. LEXIS 1639
  • 2009 WL 3018646
Court
Louisiana Court of Appeal
Filed
Sep 23, 2009
Status
Published
Author
Drew
On the bench
Brown, Stewart, Drew, Moore, Lolley
Cited by
2 cases

The opinion

DREW, J.,

concurring.

|,I write to concur with the result reached by the majority opinion, further writing here to note that since the jury apparently found the defendant an untruthful witness, and since the jury rejected defendant’s claim of self-defense and other outlandish testimony, and since the jury found that defendant shot the victim in the back at close range with a sawed-off shotgun, while lacking lawful provocation, then there is no realistic chance that the confusing “intent” arguments and instructions made any difference whatsoever in the guilty verdict. Any reasonable juror would conclude that the defendant had the specific intent to kill when he pulled the trigger of the shotgun at close range and said: “You’re going to die.” In other words, the verdict was surely unattributable to any trial error.

APPLICATION FOR REHEARING

Before BROWN, STEWART, DREW, MOORE and LOLLEY, JJ.

| Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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