Legal Opinion

State v. Payton

Louisiana Court of Appeal

Decided May 18, 2011No. 2010-KA-1166Published

1Opinion of the Court

DANIEL L. DYSART, Judge.

| Nathaniel Payton appeals his conviction for manslaughter arguing that the there was insufficient evidence to sustain a responsive verdict of manslaughter, insufficient evidence for a finding that he was the perpetrator, and that the jury instruction allowing for a non-unanimous verdict is unconstitutional. For the following reasons, we affirm.

Nathaniel Payton was charged by grand jury indictment on May 28, 2009, with the second degree murder of Cyril Roussel, a violation of La. R.S. 14:30.1. Defendant pleaded not guilty. The trial court denied defendant’s motion to…

2Cases cited26 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. MussallSupreme Court of Louisiana · 1988
  3. State v. WrightSupreme Court of Louisiana · 1984
  4. State v. JacobsSupreme Court of Louisiana · 1987
  5. State v. ShapiroSupreme Court of Louisiana · 1983

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