Legal Opinion · Dissent

State v. Hernandez

Louisiana Court of Appeal

Decided November 12, 1985No. 85-KA-351Published

1DissentBowes, Judge

I respectfully dissent from the majority opinion and would reverse the defendant’s conviction.

The constitutional standard for testing the sufficiency of evidence is enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). It requires that a conviction be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime charged beyond a reasonable doubt.

State v. Smith, 463 So.2d 16, 18 (La.App. 5th Cir.1985)

Further,

When circumstantial evidence is offered to…

2Cases cited3 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. State v. SmithLouisiana Court of Appeal · 1985
  3. State v. GeorgeLouisiana Court of Appeal · 1985

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