Legal Opinion

State v. Wilkins

Supreme Court of Louisiana

Decided January 15, 2014No. 2013-KK-2539PublishedCited by 19 opinions

1Per curiam

11 Writ granted; relief denied. We agree with defendant that there is no meaningful distinction between “retreat” and “escape” for purposes of applying Louisiana’s long-standing jurisprudential rule that a person has no absolute duty to retreat from a life-threatening situation, but that the possibility of retreat is a factor in determining whether the use of deadly force in response was justified under all of the circumstances of the lethal encounter. See State v. Brown, 414 So.2d 726, 729 (La.1982) (“Although there is not an unqualified duty to retreat the possibility of escape is a…

2Cases cited5 opinions

  1. Segura v. FrankSupreme Court of Louisiana · 1994
  2. State v. BrownSupreme Court of Louisiana · 1982
  3. State v. JohnsonSupreme Court of Louisiana · 2004
  4. State v. SepulvadoSupreme Court of Louisiana · 1977
  5. State v. VedolLouisiana Court of Appeal · 2013

3Cited by19 opinions

  1. State v. MayesLouisiana Court of Appeal · 2014
  2. State of Louisiana v. Christopher J. WellsSupreme Court of Louisiana · 2015
  3. State v. BrownLouisiana Court of Appeal · 2015
  4. State v. WellsLouisiana Court of Appeal · 2014
  5. Guillot v. GuillotLouisiana Court of Appeal · 2014

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