State v. Small
Supreme Court of Louisiana
1Opinion of the CourtVictory, J.
| ¡We granted this writ application to determine whether defendant can be guilty of second degree murder for leaving her two small children home alone in the middle of the night, during which time a fire broke out and one of her children died in the fire. After reviewing the facts and the applicable law, we find that a conviction for second degree murder cannot be supported in this case, where defendant’s criminally negligent act of leaving her young children alone in the middle of the night was not a “direct act” of killing, but was instead a criminally negligent act of lack of supervision…
Also in this document: Dissent.
2Cases cited47 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Sullivan v. LouisianaSupreme Court of the United States · 1993
- Old Chief v. United StatesSupreme Court of the United States · 1997
- State v. JohnsonSupreme Court of Louisiana · 1995
42 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. Otkins-VictorLouisiana Court of Appeal · 2016
- Doe v. Louisiana Board of EthicsLouisiana Court of Appeal · 2013
- State v. Trung LeLouisiana Court of Appeal · 2018
- State v. NaborsLouisiana Court of Appeal · 2018
- State v. LutzLouisiana Court of Appeal · 2017
17 more not listed; retrieve them via the Exa API.