La. Stat. Ann. § 14:30.1
Second degree murder: the cases that interpreted this section
2,387 citing cases reviewed of 3,046 in the citation index: 1,102 interpreted the section (annotated below), 1,285 cited it only in passing. Cases filed after 2026-06-29 may not have been reviewed yet.
Have a situation under La. Stat. Ann. § 14:30.1?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Second-degree murder—elements
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Whitaker · filed 2025-05-21(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1(1) requires specific intent to kill or inflict great bodily harm, while subsection (2) does not require specific intent but requires the killing to occur during the commission of an enumerated offense.
State of Louisiana v. Steele · filed 2025-06-12(A)(1)-(2)
As we previously noted, La. R.S. 14:30.1(1) only requires that an offender have specific intent to kill or cause great bodily harm in order to be convicted of second-degree murder, whereas La. R.S. 14:30.1(2) does not require specific intent, but the murder must occur during the commission of at least one of certain enumerated offenses.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of cruelty to juveniles, among other offenses.
State of Louisiana v. Tatianna Jenell Burns · filed 2025-07-16
La. R.S. 14:30.1 defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm or when the offender is engaged in the perpetration or attempted perpetration of cruelty to juveniles, among other offenses. Cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone seventeen years of age or older of any child under the age of seventeen whereby unjustifiable pain or suffering is caused to said child. La. R.S. 14:93(A)(1).Read the full opinion on CourtListener →
Subsection (A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Terrance Felix, Jr. · filed 2025-08-27(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R. S. 14:30.1 (A) (1).Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Parks · filed 2025-08-27(A)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A).Read the full opinion on CourtListener →
For attempted second degree murder, the State must prove that the defendant intended to kill the victim and committed an overt act tending toward the accomplishment of the victim’s death.
State of Louisiana v. Mosley · filed 2025-08-27(A)(1)
Attempted second degree murder requires that the state prove that the defendant intended to kill the victim and committed an overt act tending toward the accomplishment of the victim’s death. La. R.S. 14:30.1(A)(1); State v. Washington, 50,424 (La. App. 2 Cir. 3/16/16), 188 So. 3d 350, writ denied, 16-0718 (La. 4/13/17), 218 So. 3d 119.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Archille Parrel Holmes, Jr. · filed 2025-10-01(A)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A).Read the full opinion on CourtListener →
Section 14:30.1(A)(2) makes a killing second-degree murder when committed during the perpetration or attempted perpetration of an assault by drive-by shooting, even without an intent to kill or inflict great bodily harm.
State of Louisiana v. Kenmiccael Dano Ray · filed 2025-10-01(A)(2)
La. R.S. 14:30.1(A)(2) provides, in pertinent part, that second degree murder includes the killing of a human being “[w]hen the offender is engaged in the perpetration or attempted perpetration of assault by drive-by shooting, even though he has no intent to kill or to inflict great bodily harm.” (Emphasis added). While Ray may not have intended to kill Landry, such intent is not necessary to prove second degree murder in this instance.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting certain enumerated felonies even without that intent.
State of Louisiana Versus Davon Gilmore · filed 2025-08-27
In the instant case, defendant was convicted of second degree murder in violation of La. R.S. 14:30.1, which is defined as the killing of a human being when the offender: 1) has specific intent to kill or to inflict great bodily harm; or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, even though the offender has no intent to kill or to inflict great bodily harm.Read the full opinion on CourtListener →
Second-degree murder covers a killing committed with specific intent to kill or inflict great bodily harm, or a killing during the perpetration or attempted perpetration of specified robberies even without that intent.
State of Louisiana v. Penn · filed 2026-02-10(A)(1)(2)
Second-degree murder is defined, in part, as “the killing of a human being: (1) [w]hen the offender has a specific intent to kill or to inflict great bodily harm;” or (2) “[w]hen the offender is engaged in the perpetration or attempted perpetration of … armed robbery, first degree robbery, second degree robbery, [or] simple robbery … even though he has no intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1(A)(1)(2). ... Here, there was testimony that Defendant pointed a firearm at Brooks and fired two shots at his lower back as he walked away. A rational jury could conclude that Defendant possessed the specific intent to kill or inflict bodily harm when he fired a gun at Brooks. Additionally, Scott testified that Defendant, while armed, instructed him to take Brooks’s marijuana. There was also testimony that Brooks’s cell phone and firearm were taken at gun point. The jury could likewise find that Defendant was engaged in the commission of an armed robbery at the time of the shooting. See La. R.S. 14:64 (A) (“[a]rmed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon”). Accordingly, we find sufficient evidence was presented to justify Defendant’s conviction for second degree murder. This assignment of error lacks merit.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Williams · filed 2026-02-25(A)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A). Specific criminal intent is that state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10. Specific intent need not be proven as a fact; it may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Graham, 420 So. 2d 1126 (La. 1982). Specific intent to kill may be inferred from a defendant’s act of pointing a gun and firing at a person. State v. Seals, 95-0305 (La. 11/25/96), 684 So. 2d 368. It may also be inferred from the extent and severity of the victim’s injuries and the defendant’s use of a deadly weapon to produce those injuries. State v. Jackson, supra. ... We find that there was sufficient evidence to support Steve’s conviction for second-degree murder. At trial, the credible testimony of a disinterested eyewitness proved that Steve exited his vehicle holding a weapon and was therefore the aggressor in the confrontation. Moreover, Tamika’s initial statements to the police indicated that Steve walked toward the victim holding the gun, the victim began running away in the opposite direction, and Steve began chasing and shooting at the victim as the victim tried to escape. We also note that Steve himself admitted to police that Mr. Brown was unarmed at the time of the homicide. Accordingly, we find that the jury was well within its discretion to reject the self-serving testimony of Steve and his wife that he acted in self-defense.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm and requires life imprisonment at hard labor without parole, probation, or suspension of sentence; the mandatory sentence is presumed constitutional unless an exceptional defendant proves a downward departure is required.
State of Louisiana v. Devin Owen Porter, Jr · filed 2026-02-11(A), (B)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A). ... The mandatory sentence for second degree murder is punishment by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B). ... We find the mandatory sentence of life imprisonment for the conviction of second degree murder is presumed constitutional, and defendant has failed to demonstrate that he is an exceptional defendant for whom a downward departure from the statutory minimum is required.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Scott · filed 2026-03-04(A)(1)
Louisiana Revised Statutes La.R.S. 14:30.1(A)(1) defines second degree murder as charged in the present case: “[T]he killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.” ... We find the Defendant’s act of kicking in the Bruces’ door at night while armed, then entering their bedroom, shows specific intent sufficient to support the first three convictions.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Freeman · filed 2016-04-13(A)(1)
Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm.Read the full opinion on CourtListener →
Second-degree murder—sufficiency of evidence
Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm.
State v. Milton · filed 2000-02-01
Second degree murder occurs when a killing occurs when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. ... Based on the testimony presented at trial, the evidence was sufficient to prove beyond a reasonable doubt that the defendant was guilty of armed robbery and attempted second degree murder.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of an enumerated robbery, even without that specific intent.
State v. Wade · filed 2000-05-15(A)(1) and (2)(a)
Second degree murder is the killing of a human being when the offender either has a specific intent to kill or inflict great bodily harm, or is engaged in the perpetration or attempted perpetration of specifically enumerated crimes, including armed robbery, first degree robbery, or simple robbery, even when the offender has no intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1) and (2)(a).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm, requiring proof of the killing and that specific intent.
State v. Lewis · filed 2000-05-30(A)(1)
Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1A(1). In order to prove second degree murder, the State must prove (1) the killing, and (2) specific intent to kill or inflict great bodily harm. Id.; State v. Williams, 97-1135 (La.App. 5th Cir. 5/27/98), 714 So.2d 258, 263; Barnes, 729 So.2d at 46.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as the killing of a human being with the specific intent to kill or inflict great bodily harm.
State v. Santinac · filed 2000-06-14A(1)
Second degree murder is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1 A(l).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Williams · filed 2000-06-14(A)(1)
In Second degree murder, the charged offense, is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1 A(1). Counsel for Williams claims that the State did not prove the elements of manslaughter. Under the Elaire rule, however, the State need only show proof of the elements of second degree murder.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder, in pertinent part, as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Nelson · filed 2000-12-06
In pertinent part, second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include killing a person with specific intent to kill or inflict great bodily harm, and the court found the evidence sufficient to establish that offense.
State v. Walker · filed 2001-01-24(A)(1)
La. R.S. 14:30.1 defines the crime of Second Degree Murder and provides, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, drive-by shooting, armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm. * * * B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. ... A review of this entire record shows that the direct and circumstantial evidence viewed in the light most favorable to the prosecution was sufficient for a reasonable jury to conclude beyond a reasonable doubt that the defendant was guilty of the second degree murder of Josie Johnson McKinney.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Brown · filed 2001-01-31(A)(1)
Second degree murder is the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as the killing of a human being with specific intent to kill or cause great bodily harm.
State v. Charles · filed 2001-05-09
The elements of second degree murder are the killing of a human being with the specific intent to kill or to cause great bodily harm. La.R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being with the specific intent to kill or inflict great bodily harm, and the State must prove those elements beyond a reasonable doubt.
State v. Lovick · filed 2001-05-16(A)(1)
To prove a second degree murder, the state must show the killing of a human being and that the defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1 A(1). ... Based on the evidence presented at trial, a rational trier of fact could have found that the state proved, beyond reasonable doubt, that defendant shot Mark Willis, and that he had the specific intent to kill or inflict great bodily harm at the time of the shooting. Accordingly, we find that there was sufficient evidence to support defendant's conviction for second degree murder.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of second degree kidnapping without intent to kill.
State v. Dorsey · filed 2001-09-26(A)
Clearly, the evidence was sufficient for a rational jury to conclude that Vicky Dorsey was killed by defendant who specifically intended to kill or inflict great bodily harm or while in the course of the perpetration or attempted perpetration of second degree kidnapping. This assignment of error is without merit.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.
State v. Offray · filed 2001-09-26
Second degree murder is the killing of a human being when, among other circumstances, the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1. Here, the defendant shot the victim at close range, firing several shots at him, after having an argument with him. The evidence was sufficient to support the conviction.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, while § 14:30.1(A)(2)(b) covers a killing committed while the offender is engaged in cruelty to juveniles, and the court applied those elements in assessing the sufficiency of the evidence.
State v. Richthofen · filed 2001-11-27(A)(1), (A)(2)(b)
In the instant case, the Defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1, which provides in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(b) When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm. In order to convict the Defendant of second degree murder pursuant to La. R.S. 14:30.1(A)(1), the state must prove (1) the killing and (2) specific intent to kill or to inflict great bodily harm. State v. Williams, 97-1135 (La.App. 5th Cir.5/27/98), 714 So.2d 258, 263. Specific criminal intent is "that state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." La. R.S. 14:10(1). The determination of specific criminal intent is a question of fact. State v. Seals, 95-0305 (La.11/25/96), 684 So.2d 368, 373, cert. denied, Seals v. Louisiana, 520 U.S. 1199, 117 S.Ct. 1558, 137 L.Ed.2d 705 (1997); State v. Lewis, 97-160 (La.App. 5th Cir.7/29/97), 698 So.2d 456, 459, writ denied, 97-2381 (La.3/27/98), 716 So.2d 881. Specific intent may be inferred from the circumstances and the actions of the defendant. Seals, 684 So.2d at 373; Lewis, 698 So.2d at 459. In order to convict the Defendant of second degree murder pursuant to La. R.S. 14:30.1(A)(2)(b), the State must prove that the death of Brenda occurred while the Defendant was engaged in the perpetration of cruelty to juveniles. Cruelty to juveniles is set forth in La. R.S. 14:93(A) and it provides that cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect of a child whereby unjustifiable pain or suffering is caused to the child. The term "intentional" within the meaning of this statute, requires general criminal intent to cause a child unjustifiable pain and suffering. State v. Cortez, 96-859 (La. App. 3rd Cir.12/18/96), 687 So.2d 515, 519, citing State v. Morrison, 582 So.2d 295 (La.App. 1st Cir.1991). Mistreatment as used in this statute means "abuse." State v. Cortez, 687 So.2d at 519, citing State v. Comeaux, 319 So.2d 897, 899 (La.1975). Thus, in order for the State to prove that the Defendant was guilty of second degree murder pursuant to La. R.S. 14:30.1(A)or (2)(b), it had to establish either (1) that the Defendant intentionally mistreated or neglected the child, or (2) that the Defendant was criminally negligent in his mistreatment or neglect of the child. To be criminally negligent in his mistreatment or neglect of the child, the defendant must have such disregard for the interest of the child that his conduct amounted to a gross deviation below the standard of care expected to be maintained by a reasonably careful person under like circumstances. State v. Porter, 99-1722 (La.App. 3rd Cir.5/3/00), 761 So.2d 115, 123; see La. R.S. 14:12.Read the full opinion on CourtListener →
Section 14:30.1(A) requires proof that the defendant killed a human being and had the specific intent to kill or inflict great bodily harm.
State v. Daniels · filed 2001-11-27(A)
To prove second degree murder under La. R.S.14:30.1(A), the state must show (1) the killing of a human being and (2) that defendant had the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as the killing of a human being with the specific intent to kill or inflict great bodily harm.
State v. Huckabay · filed 2002-02-06
Defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1, which provides in pertinent part that it is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. ... Viewing all of the evidence in a light most favorable to the prosecution, although minor legal errors occurred during trial, any rational trier of fact could have found beyond a reasonable doubt that defendant killed Michael Vasquez at 2033 Coliseum Street, Apartment 2, while having the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A) requires proof that the defendant killed a human being and had the specific intent to kill or inflict great bodily harm.
State v. Cassard · filed 2002-02-26(A)
To prove second degree murder, LSA-R.S. 14:30.1(A), the State must show (1) the killing of a human being and (2) that the defendant had the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Sharp · filed 2002-02-27
Second degree murder is the killing of a human being with the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Reed · filed 2002-03-06(A)(1)
Defendant was convicted of second degree murder in violation of La.R.S. 14:30.1, which provides, in pertinent part that: A. Second degree murder is the killing of a human being; (1) When the offender has a specific intent to kill or to inflict great bodily harm. ... In sum, the case presented by the State convinces us that all the evidence, both direct and circumstantial was sufficient under Jackson to satisfy a rational juror that Defendant was guilty of second degree murder beyond a reasonable doubt. This assignment, therefore lacks merit.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder to include a killing committed with specific intent to kill or inflict great bodily harm.
State v. Zeno · filed 2002-03-13(A)(1)
The elements of second degree murder are codified in La.R.S. 14:30.1, which states, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; ... ... We find the evidence is sufficient to support the conviction. Although Defendant intimated in his confession that the shooting was accidental, jurors could reasonably have inferred that the killing was intentional. The fact that Defendant shot the prone Hopkins a second time, is a strong indication the killing was intentional.Read the full opinion on CourtListener →
Subsection (A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and transferred intent can satisfy that specific-intent requirement when the defendant kills someone other than the intended victim.
State v. Strogen · filed 2002-04-03(A)(1)
Second degree murder is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Although Mr. Patton was not the intended victim, but in close proximity to Mr. Greene, we find that the doctrine of transferred intent is applicable and that the requirement of specific intent has been met in this case.Read the full opinion on CourtListener →
Section 14:30.1 requires proof that the defendant, acting directly or as a principal, killed a human being with specific intent to kill or inflict great bodily harm.
State v. Harris · filed 2002-08-14
To convict an accused of second degree murder, the prosecution must prove that the defendant, acting himself or as a principal, killed a human being when the actor had a specific intent to kill or to inflict great bodily Lharm. La. R.S. 14:30.1; State v. Brooks, 407 So.2d 718 (La.1981), cert. denied, 484 U.S. 947, 108 S.Ct. 337, 98 L.Ed.2d 363 (1987). ... The evidence, viewed in the light most favorable to the prosecution and accepting the jury’s conclusion that Carrie Pierce was credible at least as to her statements that she saw Harris with Gossett on the day he was killed, that Harris had what appeared to be a shotgun and that he later had blood on his clothes, proves beyond a reasonable doubt that defendant committed the second degree murder of Keith Gossett as charged either directly or as a principal.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm; an attempted second-degree murder conviction requires specific intent to kill and an act tending to accomplish that purpose.
State v. Woods · filed 2002-09-11
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. While a conviction for second degree murder can be obtained by showing that the defendant had the specific intent to kill or inflict great bodily harm, a conviction for attempted second degree murder requires a showing that the defendant had the specific intent to kill and committed an act tending to accomplish that purpose. La. R.S. 14:27; State v. Pittman, 604 So.2d 172 (La.App. 4 Cir. 1992); State v. Banks, 496 So.2d 1099 (La. App. 4 Cir.1986); State v. Strother, 362 So.2d 508 (La.1978).Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or while perpetrating an enumerated felony.
State v. Williams · filed 2002-09-18
Second degree murder is the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm or when the offender is engaged in the perpetration of an enumerated felony. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.
State v. Myers · filed 2003-03-05(A)(1)
Louisiana Revised Statute 14:30.1 provides, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.... ... There is no question that a specific-intent killing occurred in this case. The defendant simply argues that the evidence is not sufficient to establish beyond a reasonable doubt that he killed his brother. Applying the Jackson standard and reviewing the evidence in the light most favorable to the prosecution, we find that a rational trier of fact could have reasonably concluded that all the elements of the offense were established beyond a reasonable doubt. Therefore, we find no merit in this assignment of error.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder by specific intent to kill or inflict great bodily harm, and subsection (B) requires life imprisonment at hard labor without parole, probation, or suspension of sentence.
State v. Emanuel-Dunn · filed 2003-11-07(A)(1), (B)
The crime of second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. La. R.S. 14:30.1(B).Read the full opinion on CourtListener →
Second-degree murder—self-defense and mitigation
Section 14:30.1(A)(1) requires proof of a killing and the specific intent to kill or inflict great bodily harm for a second-degree murder conviction.
State v. LeBlanc · filed 2003-11-19(A)(1)
The defendant in this case was charged with second-degree murder. In order to convict the defendant of second-degree murder, the State must prove (1) the killing and (2) specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) requires proof that the defendant killed a person while possessing the specific intent to kill or inflict great bodily harm.
State v. James · filed 2004-05-12(A)(1)
In order to prove the elements of second degree murder, the state was required to prove beyond a reasonable doubt that defendant killed Nicholas Cox while possessing the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder to include a killing committed with the specific intent to kill or inflict great bodily harm.
State v. Spivey · filed 2004-05-12(A)(1)
Thus, the evidence adduced at trial was sufficient for a rational trier of fact to conclude beyond a reasonable doubt that Spivey had the specific intent to kill or cause great bodily harm and that the crime was not committed in self-defense.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as a killing with specific intent to kill or inflict great bodily harm, while § 14:30.1(A)(2)(b) covers a death occurring while the offender perpetrates cruelty to juveniles, without requiring that intent.
State v. Smith · filed 2004-06-29(A)(1), (A)(2)(b)
Smith was convicted of second degree murder, a violation of LSA-R.S. 14:30.1, which provides in pertinent part: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or .... (2)(b) When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm. In order to convict a defendant of second degree murder pursuant to La. R.S. 14:30.1(A)(1), the state must prove (1) the killing and (2) specific intent to kill or to inflict great bodily harm.[5] Specific criminal intent is "that state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." LSA-R.S. 14:10(1). The determination of specific criminal intent is a question of fact and may be inferred from the circumstances and the actions of the defendant.[6] In order to convict Smith of second degree murder pursuant to La. R.S. 14:30.1(A)(2)(b), the State must prove that Kortney's death occurred while Smith was engaged in the perpetration of cruelty to juveniles.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.
State v. Corkern · filed 2004-09-17(A)(1)
Second degree murder is defined in La. R.S. 14:30.1(A)(1) as the killing of a human being "[w]hen the offender has a specific intent to kill or to inflict great bodily harm." Thus, to support a conviction for second degree murder the State is required to show: 1) the killing of a human being; and 2) that the defendant had the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm and provides a mandatory life sentence.
State of Louisiana v. Corey Marquee Adams, Whitney Batiste, and Horatio Adams · filed 2004-09-29
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. LSA-R.S. 14:30.1. ... The jury could have reasonably concluded from this evidence that Corey had the specific intent to, at the least, inflict serious bodily harm on Mr. Chandler and that he was guilty of second degree murder or that he was a principal to second degree murder.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as a killing committed with specific intent to kill or inflict great bodily harm; for attempted second degree murder, the court treated specific intent to kill and an overt act toward that goal as the essential elements.
State v. Douglas · filed 2004-10-29
Second degree murder is a killing of a human being that occurs when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. The gravamen of the crime of attempted murder, whether first or second degree, is the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal. ... Here, the evidence, when viewed in the light most favorable to the prosecution, was sufficient under Jackson to support the trial court's finding of all of the essential elements of the crime of attempted second degree murder beyond a reasonable doubt. Douglas' specific intent to kill was reasonably inferred by the trial court from the circumstances and his actions, given the number and nature of L.T.'s stab wounds. See State v. Van Sales, supra. This intent was corroborated in part by Terry's testimony that Douglas thought he had killed L.T. This same evidence supported the finding of the other "gravamen" of the crime of attempted murder, whether first or second degree the commission of an overt act tending toward the accomplishment of that goal.Read the full opinion on CourtListener →
Section 14:30.1(A) requires proof that a human being was killed and that the defendant had the specific intent to kill or inflict great bodily harm.
State v. Packnett · filed 2004-12-28(A)
To prove second degree murder, the State must show (1) the killing of a human being, and (2) that the defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.
State v. Hunter · filed 2005-06-29(A)(1)
La. R.S. 14:30.1 provides, in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.... ... Given the above, we find Defendant's confession to the inmate witnesses was sufficient to prove all of the elements of second-degree murder for all three victims, as well as the attempted armed robbery of Chico.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, while(A)(2) covers a killing during the perpetration or attempted perpetration of armed robbery even without that intent.
State v. Mims · filed 2005-06-29A(1) and (2)
Thus, in this instance, to obtain a conviction for second degree murder, the state was required to prove that either Mims or Thomas killed the victims with either specific intent to kill or to inflict great bodily harm, or while they were engaged in an armed robbery, even though there was no intent to kill or inflict great bodily harm. La. R.S. 14:30.1 A(1) and (2).Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. McCray · filed 2005-06-29
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1. ... When viewed in the light most favorable to the state, proof that McCray purchased a gun the day of the shooting and without provocation entered the victim’s house, shooting him at close range five times, is sufficient to support the determination that McCray had specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.
State v. Carmack · filed 2005-10-26
Second degree murder is the killing of a human being when the offender has a specific intent 'to kill or to inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Wilhite · filed 2005-12-30
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1; State v. Ellis, 28,282 (La.App.2d Cir.6/26/96), 677 So.2d 617, writ denied, 96-1991 (La.2/21/97), 688 So.2d 521.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Hooker · filed 2006-01-17(A)
To prove second degree murder, the state must show (1) the killing of a human being, and (2) that the defendant had the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A).Read the full opinion on CourtListener →
Section 14:30.1 requires proof that the defendant killed a human being and had the specific intent to kill or inflict great bodily harm.
State v. Nguyen · filed 2006-02-03
In order to prove second degree murder, the State must show the killing of a human being, and that defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) requires proof that the defendant killed a human being with the specific intent to kill or inflict great bodily harm.
State v. Norman · filed 2006-03-14(A)(1)
To prove second degree murder, the State must show (1) the killing of a human being, and (2) that the defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1); State v. Pagan, 04-1478 (La.App. 5 Cir. 5/31/05), 905 So.2d 435, 441. Specific intent is "that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act." La. R.S. 14:10(1).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Christopher Lane Francois, Sr. · filed 2006-04-05(A)(1)
Second degree murder is “the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” La.R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Francois · filed 2006-04-05(A)(1)
Second degree murder is "the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm." La.R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.
State v. Roberson · filed 2006-04-19
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Law changed since Acts 2009, No. 155 (effective August 15, 2009) expanded (A)(3) and (4) from Schedules I–II to Schedules I–V and combinations; the old schedule limit governs only offenses committed under the earlier law.
Subsection (A)(4) covers a killing without specific intent to kill when the offender unlawfully distributes a Schedule I or II controlled substance to someone who later redistributes it and that substance directly causes the death of the person who ingests or consumes it.
State v. Chambers · filed 2006-05-24(A)(4)
The state's prosecution of the defendant was based on La.R.S. 14:30.1(A)(4). Thus, the state had to establish beyond a reasonable doubt that, although he had no specific intent to kill Cassidy, the defendant unlawfully distributed OxyContin to Choplin, who subsequently distributed that substance to another, and that the OxyContin was the direct cause of Cassidy's death.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Smith · filed 2006-06-30
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm.
State v. Brown · filed 2006-09-20
Under La. R.S. 14:30.1, second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm and requires the State to prove both the killing and that intent.
State v. Gant · filed 2006-09-26(A)(1)
LSA-R.S. 14:30.1(A)(1) states that second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. In order to prove second degree murder, the State must prove the killing and that the defendant had specific intent to kill or inflict great bodily harm. State v. Cazenave, 00-183, p. 6 (La.App. 5 Cir. 10/31/00), 772 So.2d 854, 859, writ denied, 00-3297 (La.10/26/01), 799 So.2d 1151.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Woods · filed 2006-11-01
The provisions of La. R.S. 14:30.1 state in pertinent part that second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... The evidence in the record is sufficient to support the defendant's conviction for second degree murder. ... Considering all the evidence in the light most favorable to the prosecution, the jury easily could have concluded that Woods had the specific intent to stab his wife with a knife if she refused to return home with him from Sullivan's house.Read the full opinion on CourtListener →
Second-degree murder—responsive verdicts
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Glenn · filed 2006-12-06(A)(1)
Second degree murder occurs when an offender kills a human being with the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Subsection (A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Richards · filed 2007-05-02(A)(1)
Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1). ... The evidence shows that the defendant repeatedly stabbed Mr. Quinney over a ten-minute period until after Mr. Quinney expired. After Mr. Quinney died, the defendant stabbed him at least once more and then mutilated the body. The defendant then concealed the body and disposed of evidence before fleeing Louisiana with additional evidence. Thus, the evidence shows that the defendant had the specific intent to kill Mr. Quinney and that Mr. Quinney died of the injuries inflicted by the defendant. Accordingly, when viewing the evidence in a light most favorable to the prosecution, the state introduced sufficient evidence at trial to prove beyond a reasonable doubt that the defendant was guilty of the second degree murder of La’Kedric Quinney.Read the full opinion on CourtListener →
Under § 14:30.1(A)(1), second-degree murder is the killing of a human being with specific intent to kill or inflict great bodily harm, which the State must prove beyond a reasonable doubt.
State v. Lang · filed 2007-05-30(A)(1)
Relative to the facts of this tragedy, in order to prove the crime of second degree murder, the state's burden was to prove beyond a reasonable doubt that defendant acted in accordance with the circumstances listed in La. R.S. 14:30.1(A), which provides in pertinent part: Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm. ... The evidence presented by the state was sufficient to support Lang's conviction for second degree murder.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) requires proof that the defendant killed a human being and had the specific intent to kill or inflict great bodily harm.
State v. Brown · filed 2007-09-25(A)(1)
In the present case to obtain a conviction for second degree murder, the State was required to prove (1) the killing of a human being, and (2) that the defendant had specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1 A(1); State v. Pagan, 04-1478 (La.App. 5 Cir. 5/31/05), 905 So.2d 435, 441, writ denied, 05-2003 (La.2/17/06), 924 So.2d 1013.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Alsandor · filed 2007-12-05(A)(1)
Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1). ... Based on Fruge’s testimony, we find that Defendant caused Robert’s death, as Defendant inflicted nine scalp lacerations and three stab wounds upon Robert. The number of wounds inflicted by Defendant is indicative of his specific intent to kill. Additionally, Fruge testified Defendant told Robert, “today is the day you are going to die.” Based on this evidence, we find that the State proved, beyond a reasonable doubt, that Defendant committed second degree murder.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Terrell P. Barker · filed 2007-12-19(A)(1)
The elements of second degree murder are set forth in La.R.S. 14:30.1(A), which reads in pertinent part, “Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.” ... The record is replete with evidence that shows that the State satisfied its burden of proving the elements of the crime of second degree murder.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Buckenberger · filed 2008-02-08(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1 A(1). ... After a thorough review of the record, we are convinced the evidence viewed in the light most favorable to the State proved, beyond a reasonable doubt and to the exclusion of every reasonable hypothesis of innocence, all of the elements of attempted second degree murder, attempted forcible rape, and second degree kidnapping.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder to include a killing with specific intent to kill or inflict great bodily injury, or a killing during the perpetration or attempted perpetration of specified felonies even without intent to kill or inflict great bodily harm.
State v. Wright · filed 2008-03-05(A)
La. R.S. 14:30.1(A) provides, in pertinent part: Second degree murder is the killing of a human being: (1) when the offender has the specific intent to kill or to inflict great bodily injury; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of . . . aggravated burglary, aggravated kidnapping, second degree escape, . . . armed robbery, first degree robbery, second degree robbery, simple robbery, . . . even though he has no intent to kill or to inflict great bodily harm. ... Given the evidence of the armed home invasion where Defendant and his accomplices were seeking money and drugs and the subsequent taking of Ferguson to another location, the State presented evidence from which a reasonable jury could determine that Defendant intentionally shot Ferguson or that he did so while engaged in an aggravated burglary, armed robbery or an aggravated kidnapping. Thus, the State presented sufficient evidence from which a reasonable jury could determine that Defendant committed second degree murder when he shot and killed Ferguson.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Gibson · filed 2008-03-19(A)(1)
Second degree murder is defined in pertinent part as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Thus, in the instant case, the state had to prove beyond a reasonable doubt that defendant had the specific intent to kill or inflict great bodily harm on Gray.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. MacK · filed 2008-04-23(A)
Under the pertinent provisions of La. R.S. 14:30.1(A), second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1 requires an intent to commit second degree murder and an act to kill a human being for attempted second degree murder.
State of Louisiana v. Tyrone Smith · filed 2008-05-28
An attempt to commit a crime occurs when “[a]ny person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object . . . .” La.R.S. 14:27. Thus, attempted second degree murder occurs when the defendant intends to commit a second degree murder and acts to kill a human being. La.R.S. 14:30.1. When the evidence is viewed in the light most favorable to the prosecution, the State proved at trial that the Defendant aimed into the group of running teenagers, that the Defendant fired his weapon multiple times, and that one of the resulting projectiles hit T.W., causing a potentially fatal wound.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being when the offender has the specific intent to kill or inflict great bodily harm.
State v. TROQUILLE · filed 2008-06-06(A)(1)
Second degree murder is defined in pertinent part as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm, La. R.S. 14:30.1A(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder, in pertinent part, as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Colbert · filed 2008-07-23
Here, the appellant was charged with the second degree murder of Jonathan Jefferson but convicted of the responsive verdict of manslaughter. Second degree murder is defined in pertinent part as "the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1 treats a killing as second-degree murder when the offender specifically intends to kill or inflict great bodily harm, or when the killing occurs during one of the listed felonies even without that intent.
State v. Warren · filed 2008-12-17(A)(1), (A)(2)
Because the defendant had the specific intent to kill Lamesha and, while having that intent, committed the overt act of crashing into an occupied van, the offense of second degree murder was fully proven as to the victims in the van. ... Because the defendant possessed the specific intent to kill at the time of the crash, it is unnecessary to address in detail his claim of insufficient proof of second degree kidnapping. Nevertheless, the evidence was more than sufficient to prove that the offense happened during a second degree kidnapping. ... That evidence is sufficient to support a finding that the crash happened in the course of a second degree kidnapping.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and the court applied that theory here.
State v. Bauman · filed 2009-05-12(A)
Second degree murder is defined as the killing of a human being when the offender 1) has specific intent to kill or to inflict great bodily harm, or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies even though he has no intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A); ... In the instant case, the State proceeded under the first theory of second degree murder regarding specific intent.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or while the offender is perpetrating cruelty to a juvenile, even without that intent.
State v. Mims · filed 2009-06-03
In 2002, the pertinent portion of the statute prohibiting second degree murder stated the following: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or .... (b) When the offender is engaged in the perpetration of cruelty to juveniles, even though he has no intent to kill or to inflict great bodily harm. La.R.S. 14:30.1. ... Based on the evidence presented at trial, when viewed in the light most favorable to the prosecution, a rational trier of fact could have found Defendant killed Christopher either by intentionally inflicting great bodily harm or while perpetrating cruelty to a juvenile. Accordingly, this assignment of error is without merit.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, or during certain felonies without that intent.
State v. Cochran · filed 2009-06-23
Second degree murder is defined as the killing of a human being when the offender 1) has specific intent to kill or to inflict great bodily harm; or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, even though he has no intent to kill or to inflict great bodily harm. ... We find that the evidence presented in this case was constitutionally sufficient to support the jury’s finding that Cochran had the specific intent to kill or inflict great bodily harm to Corceller.Read the full opinion on CourtListener →
Section 14:30.1 requires specific intent to kill and an overt act tending toward the victim’s death for an attempted second-degree-murder conviction; the victim’s severe injuries supported inferring that intent.
State of Louisiana v. George · filed 2009-10-07
The essential elements of the crime of attempted second degree murder are a specific intent to kill the victim and the commission of an overt act that tends toward the accomplishment of the victim’s death. La.R.S. 14:30.1; State v. Hollingsworth, 42,317 (La.App. 2 Cir. 8/15/07), 962 So.2d 1183. ... The evidence here was sufficient for the jury to find the defendant’s actions showed he had the specific intent to kill Watkins, even if the only injuries he inflicted were the two blows to Watkins’ head immediately before she was found.Read the full opinion on CourtListener →
For attempted second-degree murder, the state must prove that the defendant specifically intended to kill and committed an overt act tending toward the victim's death.
State v. George · filed 2009-10-07
The specific intent to kill is an essential element of the crime of attempted second degree murder. La.R.S. 14:27, 14:30.1; ... The evidence here was sufficient for the jury to find the defendant’s actions showed he had the specific intent to kill Watkins, even if the only injuries he inflicted were the two blows to Watkins’ head immediately before she was found.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender specifically intends to kill or inflict great bodily harm.
State v. Sumlin · filed 2009-10-28(A)(1)
The provisions of La. R.S. 14:30.1(A)(1) state in pertinent part: Second degree murder is the killing of a human being: (1) When the offender has a specific intent to Mil or to inflict great bodily harm. ... A review of the evidence presented at this trial, viewed under the standard established in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), is sufficient to support all of the elements of both convictions for the following nonexclusive reasons: ... There is physical evidence that Sumlin had the specific intent to kill both Webb (who died from the gunshot wounds) and Sanders (who was shot and survived).Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder by specified intent or by killing during the perpetration or attempted perpetration of an enumerated felony, and it does not require the State to produce the murder weapon to prove the offense.
State v. Knight · filed 2010-02-09(A)
Second degree murder is defined as the killing of a human being when the offender has specific intent to kill or to inflict great bodily harm, or is engaged in the perpetration or attempted perpetration of one of several enumerated felonies even though he has no intent to kill or to inflict great bodily harm. ... In any case, there is nothing in the second degree murder statute that requires the State to produce the murder weapon in order to meet its burden of proof at trial.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Spring · filed 2010-02-22(A)(1)
La. R.S. 14:30.1 defines second degree murder, as follows: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.] Thus, to support the conviction for second degree murder the state was required to show: 1) the killing of a human being; and 2) that the defendant had the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Trosclair · filed 2010-04-01(A)(1)
Second degree murder is defined in pertinent part as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder, as applied here, as the killing of a human being with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Sumrall · filed 2010-04-07
The essential elements of the crime of second degree murder are the killing of a human being with the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1. ... Assuming Pruitt’s testimony to be true, the evidence is sufficient to support Defendant’s conviction. Although she was not in the room when Schermerhorn was first stabbed, Pruitt returned to the room very shortly thereafter and found Defendant holding a knife. Defendant told her he had just killed his best friend, and he told Pruitt to leave the room while he stabbed Schermerhorn again.Read the full opinion on CourtListener →
Second-degree murder—specific intent
Section 14:30.1 A(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm; for attempted second-degree murder, the court treated specific intent to kill as the required mental element.
State v. Freeman · filed 2010-04-14A(1)
Second degree murder is the killing of a human being when, inter alia, the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1 A(l).Read the full opinion on CourtListener →
Section 14:30.1 requires specific intent to kill and an overt act tending toward the accomplishment of the victim’s death for attempted second degree murder.
State of Louisiana v. Jones · filed 2010-08-11
The essential elements of the crime of attempted second degree murder are a specific intent to kill the victim and the commission of an overt act that tends toward the accomplishment of the victim’s death. La.R.S. 14:30.1; State v. Hollingsworth, 42,317 (La.App. 2 Cir. 8/15/07), 962 So.2d 1183.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm.
State v. Burns · filed 2010-09-22(A)(1)
La. R.S. 14:30.1, which defines the crime of second degree murder, provides in part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily-harm. Therefore, in order to prove that the defendant, James Burns, committed the crime of second degree murder, the state had to prove that he |nhad the specific intent to kill, or to inflict great bodily harm upon Robertine May Burns.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include a killing committed with specific intent to kill or inflict great bodily harm, and a killing during the perpetration or attempted perpetration of an enumerated robbery even without that intent.
State v. Youngblood · filed 2010-09-29(1), (2)
Pursuant to La. R.S. 14:30.1, Second Degree Murder is the killing of a human being: (1) when the offender has a specific intent to kill or to inflict great bodily harm; or (2) when the offender is engaged in the perpetration or attempted perpetration of ... armed robbery, first degree robbery, second degree robbery, simple robbery, ... even though he has no intent to kill or to inflict great bodily harm. ... Contrary to defendant’s argument, the evidence in this case was sufficient to show that defendant was a principal to an armed robbery which resulted in the death of Keisha Avery.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Painich · filed 2010-11-03(A)(1)
Second degree murder is the killing of a human being where the offender has a specific intent to kill or inflict great bodily harm. ... The blunt force head injury and sti'angulation indicate a specific intent to kill.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder in pertinent part as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Green · filed 2011-03-16
Defendant was convicted of two counts of second-degree murder, which is defined in pertinent part as: “the killing of a human being: 1) when the offender has a specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1. ... The evidence presented was sufficient to prove that Defendant had the specific intent to kill or to inflict great bodily harm before entering the house.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second degree murder as the killing of a human being with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Trahan · filed 2011-04-06(A)
Defendant was convicted of second degree murder, which is the killing of a human being when the offender has the specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A).Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm, or killing during specified felonies even without that intent.
State v. Patterson · filed 2011-01-11
Second degree murder is defined as the killing of a human being when the offender 1) has specific intent to kill or to inflict great bodily harm; or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, even though he has no intent to kill or to inflict great bodily harm. ... In the instant case, the State proceeded under the first theory of second degree murder. As such, to prove second degree murder, the State was required to prove (1) the killing of a human being, and (2) that the defendant had specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of an enumerated felony, including aggravated burglary.
State v. Wiley · filed 2011-04-26(A)
In the present case, the defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. Second degree murder is defined as the killing of a human being when (1) the offender has a specific intent to kill or to inflict great bodily harm, or (2) when the offender is engaged in the perpetration or attempted perpetration of specific enumerated felonies, including aggravated burglary. La. R.S. 14:30.1(A). Thus, to prove second degree murder the State must prove the killing of a human being either with specific intent or when the offender is engaged in one of the listed crimes. ... The State did not prove that the defendant fired the gun that killed the victim. As explained above, however, that was not necessary to convict the defendant of second degree murder. At the very least, the State proved beyond a reasonable doubt that the defendant was a principal to second degree murder.Read the full opinion on CourtListener →
For attempted second-degree murder, the required elements are specific intent to kill and an overt act tending toward the victim’s death.
State of Louisiana v. Thomas · filed 2011-04-27
“The essential elements of the crime of attempted second degree murder are a specific intent to kill the victim and the commission of an overt act that tends toward the accomplishment of the victim’s death. La.R.S. 14:30.1; State v. Hollingsworth, 42,317 (La.App. 2 Cir. 8/15/07), 962 So.2d 1183.”Read the full opinion on CourtListener →
Section 14:30.1(A)(1) covers second-degree murder when the offender specifically intends to kill or inflict great bodily harm, while § 14:30.1(A)(2) covers a killing during specified felonies even without specific intent to harm or kill.
State v. Hampton · filed 2011-05-18(A)(1), (A)(2)
Under La. R.S. 14:30.1(A)(1), the state was required to show that the defendant had the specific intent to kill or inflict great bodily harm. ... These facts show that the defendant participated in a brutal attack upon Mr. King and the defendant had, at the very least, the requisite specific intent to inflict great bodily harm. This is sufficient evidence upon which to base the defendant’s conviction for second degree murder. ... Finally, the defendant and Mr. James acted together in ambushing and attacking Mr. King. During the course of the fatal attack, the victim’s wallet was stolen. This constitutes sufficient evidence for the trier of fact to conclude that the defendant was at least a principal to felony murder under La. R.S. 14:30.1(A)(2), which does not require the finding of specific intent to harm or kill.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting certain listed felonies without that intent.
State v. Hayes · filed 2011-05-24(A)
Second degree murder is defined as the killing of a human being when the offender 1) has specific intent to kill or to inflict great bodily harm, or 2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies even though he has no intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A); ... In the instant case, the state proceeded under the first theory of second degree murder: specific intent.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder as killing a human being either with specific intent to kill or inflict great bodily harm, or while perpetrating or attempting an enumerated felony, including aggravated burglary or armed robbery, without intent to kill or inflict great bodily harm.
State v. Jacobs · filed 2011-05-24(A)
Second degree murder is defined as the killing of a human being when the offender: (1) has specific intent to kill or to inflict great bodily harm; or (2) is engaged in the perpetration or attempted perpetration of one of several enumerated felonies, including aggravated burglary and armed robbery, even though he has no intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A). See also State v. Kirkland, 01-425, p. 6 (La.App. 5 Cir. 9/25/01), 798 So.2d 263, 268, writ denied, 01-2967 (La.10/14/02), 827 So.2d 415.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Campbell · filed 2011-07-13(A)(1)
La. R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, and a participant may be convicted even if the evidence does not show that he fired the fatal shots.
State v. Lewis · filed 2011-09-28(A)(1)
As stated in La. R.S. 14:30.1, in pertinent part: ... (1) When the offender has a specific intent to kill or to inflict great bodily harm. ... Even if the state was not able to establish that Lewis was responsible for firing the fatal shots into Petey’s body, there was sufficient evidence presented by the state from which the trier of fact could have determined that Lewis was actively involved in the crime.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Arvie · filed 2011-10-05(A)(1)
The jury convicted Defendant of second degree murder, defined in La.R.S. 14:30.1(A)(1) as ―the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]‖ While Defendant points to what he contends are inconsistencies or weaknesses in the State‘s case, the record contains more than sufficient evidence to support the conviction of second degree murder, particularly when viewed in the light most favorable to the State as required by the Jackson standard.Read the full opinion on CourtListener →
Subsection (A)(1) makes second degree murder the killing of a human being when the offender has specific intent to kill or inflict great bodily harm, and deliberate close-range firing of a deadly weapon supports inferring that intent.
State v. Sanders · filed 2011-10-05(A)(1)
The defendant was convicted of second degree murder. For this offense, La.R.S. 14:30.1(A)(1) provides that: “[s]econd degree murder is the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... Deliberately pointing and firing a deadly weapon at close range are circumstances which will support a finding of specific intent to kill. ... Instead, when the evidence is viewed in the light most favorable to the prosecution, as the standard of review requires, it supports the view that the defendant killed the victim by deliberately placing the barrel of a gun within a few inches of his head and firing a fatal shot. Thus, a rational trier of fact could have found the essential elements of La.R.S. 14:30.1 proven beyond a reasonable doubt.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Bushnell Sr. · filed 2011-12-07
This offense is defined by La.R.S. 14:30.1, which states, in pertinent part, that: “[s]econd degree murder is the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... Even if jurors believed that at some point during the incident, the victim was “trying to get the gun” as Defendant testified, the verdict of second degree murder was reasonable. ... Under these circumstances, we find that Defendant has failed to demonstrate passion or heat of blood sufficient to reduce the verdict to manslaughter. Thus, this assignment lacks merit.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) requires proof that the defendant killed a human being with the specific intent to kill or inflict great bodily harm.
State v. Jones · filed 2011-12-14(A)(1)
Second degree murder requires proof that the defendant killed a human being either (1) with the specific intent to kill or inflict great bodily harm or (2) while engaged in the perpetration or attempted perpetration of an enumerated offense, including armed robbery. La. R.S. 14:30.1 A(l), (2). ... The direct evidence that Lioy left Shreveport with Jones and Ms. Foster, coupled with the circumstantial evidence of the cell phone records that put them together in the area where the body was found, and that the bullets found in Jones’s trunk were consistent with those that shot Lioy, all support a finding beyond a reasonable doubt that Jones killed Lioy, with a specific intent either to kill or inflict great bodily harm. The suggestion that somebody else might have intervened in this sordid sequence of events and shot Lioy is simply not sufficiently reasonable to dissuade a reasonable jury from its finding of Jones’s guilt. This assignment of error lacks merit.Read the full opinion on CourtListener →
Section 14:30.1 treats a killing as second-degree murder when the offender specifically intends to kill or inflict great bodily harm, or commits the killing while perpetrating or attempting armed or simple robbery.
State v. Ott · filed 2012-01-05
The defendant in this case was convicted of second degree murder, defined in pertinent part by La. R.S. 14:30.1 as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm, or when the offender is engaged in the perpetration or attempted perpetration of, among other felonies, armed robbery or simple robbery.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder to include killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Banks · filed 2012-01-25
Banks was charged and convicted of violating La. R.S. 14:30.1, second degree murder, the elements of which can be satisfied by proving the killing of a human being with the specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm, which may be inferred from the circumstances and the defendant's actions.
State of Louisiana v. Jackson · filed 2023-11-15(A)(1)
La. R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. Specific criminal intent is that state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10. Specific intent need not be proven as a fact; it may be inferred from the circumstances of the transaction and the actions of the defendant. ... The state also proved beyond a reasonable doubt that Defendant had the specific intent to kill or inflict great bodily harm upon Melton. Defendant told law enforcement that he shot Melton multiple times, and the testimony of the forensic pathologist confirmed that Melton was shot four times—three times in the back and once in the arm. Defendant’s act of pointing a gun at Melton and firing multiple times demonstrates his specific intent to kill or inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, and transferred intent can satisfy that requirement when the intended victim differs from the person killed.
State of Louisiana v. Demetrious McCoy, Sr. · filed 2023-11-15(A)(1)
Because of the transferred intent doctrine, McCoy had the specific intent required to be found guilty of second degree murder when he mistakenly shot and killed Sheffield.Read the full opinion on CourtListener →
Section 14:30.1 covers a killing when the offender has specific intent to kill or inflict great bodily harm, which may be inferred from firing a firearm at a person at close range.
State of Louisiana v. Carlin Tremell Cotton · filed 2024-01-10
In the present case, Cotton was convicted of second-degree murder in violation of La. R.S. 14:30.1, which is defined, in pertinent part, as “the killing of a human being…when the offender has a specific intent to kill or inflict great bodily harm[.]” ... As stated, the shooting of a firearm at close range and aimed at the person is indicative of specific intent to kill or inflict great bodily harm upon the victim. Cotton fired two sets of shots at Fuller showing his intent to hit him with the projectiles.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder to include killing a human being when the offender has a specific intent to kill or inflict great bodily harm.
State of Louisiana v. McPhearson · filed 2024-02-21(A)(1)
Louisiana Revised Statutes 14:30.1(A)(1) defines second degree murder, in pertinent part, as “the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... Based on these facts, we find that Defendant’s specific intent to kill was established.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and severity of the victim’s injuries.
State of Louisiana v. Lester Jay Ramsey, Jr. · filed 2024-02-28(A)(1)
Relevant to this case, second degree murder is “the killing of a human being ... [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1(A)(1). ... We find there was sufficient evidence for the jury to convict Ramsey of second degree murder. The evidence is undisputed that Ramsey shot at Buggs four times, striking him twice in the back of the head, as Buggs crawled away from him. ... This and other evidence in the record, when viewed in the light most favorable to the prosecution, was sufficient for the jury to find beyond a reasonable doubt that the homicide was not committed in self-defense or in the defense of others.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder to include killing with specific intent to kill or inflict great bodily harm, or killing during an armed robbery even without that intent.
State of Louisiana v. Dereginald L. King · filed 2024-03-27(A)(1), (A)(2)
Here, in viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have concluded that Defendant shot the victim with the specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1(A)(1). ... Additionally, in viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have concluded beyond a reasonable doubt that Defendant killed the victim while engaged in the perpetration or attempted perpetration of an armed robbery. La.R.S. 14:30.1(A)(2).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender has the specific intent to kill or inflict great bodily harm; the court upheld the conviction after rejecting the defendant’s self-defense-based sufficiency challenge.
State of Louisiana v. Miller · filed 2024-04-03(A)(1)
That statute; La.R.S. 14:30.1, states in pertinent part: “A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]”Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a person while specifically intending to kill or inflict great bodily harm.
State of Louisiana v. Campbell · filed 2024-04-17(A)(1)
Second degree murder is defined as “the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1). The only element of second degree murder at issue in this case is specific intent. ... Defendant met his burden of demonstrating intoxication at the time of the shooting; thus, the State was required to prove beyond a reasonable doubt that in spite of his condition, Defendant formed the requisite specific intent. Viewing the evidence in the light most favorable to the prosecution, per Kennerson, 695 So.2d 1367, we find no abuse of the jury’s discretion in determining that the State proved specific intent despite his condition.Read the full opinion on CourtListener →
Section 14:30.1 requires proof that the defendant killed the victim with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Alexander · filed 2024-04-23
Pursuant to the provisions of La. R.S. 14:30.1, to find defendant guilty of second degree murder, the state was required to show that defendant killed the victim with the specific intent to kill or to inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm; specific intent may be inferred from the circumstances and the defendant's conduct, including pointing and firing a gun and the severity of the injuries.
State of Louisiana Versus Jose Robles Marques AKA Jose Jovany Robles Marques AKA Jovanny Jose Robles Marques AKA Jose Jovanny Marques · filed 2024-08-07(A)(1)
Here, defendant was convicted of second degree murder, defined in pertinent part in this case, as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1 A(1). Specific intent is “that state of mine which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.” La. R.S. 14:10(1). Specific intent need not be proven as a fact, but may be inferred from the circumstances surrounding the offense and the conduct of the defendant. Specific intent to kill may be inferred from a defendant’s act of pointing a gun and firing at a person, as well as the extent and severity of the victim’s injuries.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) covers a killing committed with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and transferred when the shot kills an unintended victim.
State of Louisiana v. Smith · filed 2024-11-20(A)(1)
La. R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... Viewing the evidence in the light most favorable to the prosecution, the state proved beyond a reasonable doubt that Defendant had the specific intent to kill or inflict great bodily harm upon Thomas. ... These actions demonstrate Defendant’s specific intent to kill or inflict great bodily harm upon Thomas, and this intent transferred to the actual victim, Mya Patel. Because there was sufficient evidence to convict Defendant of second degree murder, there was sufficient evidence to convict him of the responsive verdict of manslaughter.Read the full opinion on CourtListener →
Section 14.30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana Versus Yery Gabriel Ramirez-Delgado · filed 2024-12-18(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1 A(1). ... Accordingly, in viewing the evidence in a light most favorable to the prosecution, we find the evidence sufficient to support defendant’s conviction for second degree murder.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Moore · filed 2025-02-26(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Although Moore contends that no eyewitness testimony or direct physical evidence places him in the Chevy SUV involved in the shooting, the circumstantial evidence contained in the record supports the jury’s finding of Moore’s guilt in the murder of the victim. ... The trier of fact, in this case the jury, heard the testimony and evidence and determined that the testimony and evidence supported that Moore was in the vehicle during drive-by shooting and was guilty of second degree murder. Given the facts, testimony, and evidence before us, we cannot say that the jury erred in its findings.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being when the offender specifically intends to kill or inflict great bodily harm.
State of Louisiana v. Monic · filed 2024-09-25(A)(1)
As it pertains to this case, La.R.S. 14:30.1{A)(1) defines the crime of second degree murder as the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” ... The evidence fully supports the finding by the jury that all the elements of second degree murder were established, as it was undisputed that Defendant shot the victim at close range in the head with a handgun.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being when the offender specifically intends to kill or inflict great bodily harm.
State of Louisiana v. Stefan Jermaine Briggs A/K/A Stefan Briggs · filed 2025-04-02(A)(1)
Specifically, Stefan was tried under La.R.S. 14:30.1(A)(1), which is defined as the killing of human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]”Read the full opinion on CourtListener →
Section 14:30.1 makes a killing second-degree murder when the offender specifically intends to kill or inflict great bodily harm, and that intent may transfer to an unintended victim.
State of Louisiana v. Ke'undra Mekel Walker · filed 2025-04-23
Louisiana Revised Statutes 14:30.1 defines second degree murder as “the killing of a human being . . . [w]hen the offender has a specific intent to kill or to inflict great bodily harm.” ... As noted in Reed, 200 So.3d at 309, Defendant’s act of racking or cocking the gun, pointing it, and firing at Thomas demonstrated her specific intent to kill. Therefore, the doctrine of transferred intent applies. ... Under the doctrine of transferred intent, Defendant’s acknowledgement that she drew and racked her weapon in response to Thomas approaching would be sufficient for the jury to believe that she had the specific intent to shoot Markez Thomas. As in Thomas and Strogen, Defendant’s specific intent to shoot Thomas can legally serve as the specific intent to shoot Mikelia Busch.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being when the offender has a specific intent to kill or inflict great bodily harm.
State of Louisiana v. White · filed 2025-05-14(A)(1)
Second degree murder is the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm.” La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm; a fatal baseball-bat blow to the head can support finding that intent.
State of Louisiana v. Collins · filed 2025-06-18
La. R.S. 14:30.1 provides that second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. ... As noted above, the bludgeoning in the head with a baseball bat causing fatal injury to the victim is sufficient evidence for a jury to determine that the defendant possessed the specific intent to kill or inflict great bodily harm. See Guice, 26,440, pp. 7-8, 645 So.2d at 1197. In this case, defendant struck the victim in the head with enough force to shatter the victim’s skull and cause lacerations to his brain and scalp in three separate locations. Both Dr. Sandomirsky and Dr. Eisenstat testified that the victim’s injury was fatal. Accordingly, in the light most favorable to the prosecution, a rational juror could have found that defendant possessed the specific intent to kill or inflict great bodily harm when he struck the victim in the head with the bat, fracturing his skull.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Fitzgerald · filed 2025-07-16(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). ... Moreover, the evidence was sufficient to establish that a reasonable trier of fact could have concluded defendant had the requisite specific intent to kill or inflict great bodily harm. ... Provided with this evidence, we find a reasonable jury could have concluded defendant arrived at the apartment armed with a knife with the specific intent to kill or inflict great bodily harm upon Derrick.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as a killing committed with specific intent to kill or inflict great bodily harm, and a principal may be convicted even without firing the fatal shot.
State of Louisiana v. Crenshaw · filed 2025-08-27(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1 (A) (1). ... It is immaterial that Crenshaw did not fire the final (and fatal) shot at Terrell because he actively participated in the violent confrontation against him, which indicates Crenshaw’s desire for Terrell to be killed or otherwise sustain great bodily harm. ... When viewed in the light most favorable to the prosecution, there is sufficient evidence to prove that Crenshaw was a principal to the second degree murder of Terrell.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Ary · filed 2025-05-21(A)(1)
Second-degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1). Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Richard Refund Spencer · filed 2026-02-25(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder to include killing a human being with specific intent to kill or inflict great bodily harm, and specific intent may be inferred from the circumstances and the defendant’s actions.
Vannoy · filed 2026-02-25(A)(1)
La. R.S. § 14:30.1(A)(1) defines second degree murder (in part) as the killing of a human being when the offender has a specific intent to kill or inflict great bodily harm. Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or his failure to act. Because specific intent is a state of mind, it need not be proven as a fact but may be inferred from the circumstances of the situation and the actions of the defendant. ... Although the statute for the completed crime of second degree murder allows for a conviction based on “specific intent to kill or to inflict great bodily harm,” La. R.S. 14:30.1, attempted second degree murder requires specific intent to kill.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, and specific intent may be inferred from the circumstances, the severity of the injuries, and the use of a deadly weapon.
State of Louisiana v. Garner · filed 2026-05-20(A)(1)
La. R.S. 14:30.1(A)(1) defines second degree murder as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. Specific criminal intent is that state of mind that exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10. Specific intent need not be proven as a fact; it may be inferred from the circumstances of the transaction and the actions of the defendant. ... Specific intent may be inferred from the extent and severity of the victim’s injuries and the defendant’s use of a deadly weapon to produce those injuries.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Williams · filed 2018-11-07(A)(1)
Defendant was convicted of second degree murder, a violation of La. R.S. 14:30.1. Second degree murder is defined, in pertinent part, as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Second-degree murder—felony-murder theory
Section 14:30.1 requires proof that the defendant killed the victim and had the specific intent to kill or inflict great bodily harm.
State of Louisiana v. Day · filed 2012-02-01
To convict the defendant of second degree murder, the State of Louisiana (state) had to prove, beyond a reasonable doubt, that he killed Ms. Harris and that he had the specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Brown · filed 2012-02-29(A)(1)
^Louisiana R.S. 14:30.1 states in pertinent part: A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm. ... For the state to prove its case, it had to show that Brown had specific intent to kill King and did so. Considering the evidence presented at trial in a light most favorable to the prosecution, we conclude that the state provided evidence sufficient to convict Brown of the second degree murder of King.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of an enumerated felony even without that intent.
State of Louisiana v. Clarkson · filed 2012-03-07(A)
Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of . . . aggravated burglary [or] . . . armed robbery . . . even though he has no intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A). ... These acts constitute aiding or abetting in the commission of Mr. Mayeux‘s murder or ―directly or indirectly counsel[ing] or procur[ing] another to commit‖ the murder; thus, the defendant‘s actions satisfy the elements of being a principal to the crime of second degree murder. La.R.S. 14:24, see also La.R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A) defines second degree murder to include a killing during the perpetration or attempted perpetration of aggravated burglary or armed robbery, even without intent to kill or inflict great bodily harm.
State v. Clarkson · filed 2012-03-07(A)
Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great *814bodily harm; or (2) When the offender is engaged in the perpetration or attempted 11sperpetration of ... aggravated burglary [or] ... armed robbery ... even though he has no intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A). ... The trial judge was correct. ... These acts constitute aiding or abetting in the commission of Mr. Mayeux’s murder or “directly or indirectly counseling] or procuring] another to commit” the murder; thus, the defendant’s actions satisfy the *815elements of being a principal to the crime of second degree murder. La.R.S. 14:24, see also La.R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) requires proof that the offender specifically intended to kill or inflict great bodily harm for a second-degree-murder conviction.
State v. Bradley · filed 2012-05-16(A)(1)
La. R.S. 14:30.1 provides, in part: A. Second degree murder is the killing of a human being: *652(1) When the offender has a specific intent to kill or to inflict great bodily harm[-] ... We find this evidence sufficient to prove beyond a reasonable doubt that Defendant committed the second degree murder of his wife.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as the killing of a human being with specific intent to kill or inflict great bodily harm, and that intent may be inferred from the circumstances and the accused’s actions.
State v. Robertson · filed 2012-05-31
In this case, defendant was found guilty of second degree murder and attempted second degree murder. Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. State v. Martinez, 09-740, p. 10 (La.App. 5 Cir. 3/23/10), 38 So.3d 926, 931; La. R.S. 14:30.1. Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second degree murder as killing a human being with the specific intent to kill or inflict great bodily harm.
State v. Guess · filed 2012-08-08(A)(1)
Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La. R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 requires proof beyond a reasonable doubt that the defendant killed the victim with the specific intent to kill or inflict great bodily harm.
State v. Kirk · filed 2012-08-08
Mr. Kirk was convicted of the second degree murder of Mr. Anderson, a violation of La. R.S’ 14:30.1, which requires proof beyond a reasonable doubt that Mr. Kirk killed Mr. Anderson, while having the specific intent to kill him or inflict great bodily harm upon him.Read the full opinion on CourtListener →
Section 14:30.1 requires proof that the defendant specifically intended to kill the victim or inflict great bodily harm, and the court found the evidence sufficient to prove those essential elements beyond a reasonable doubt.
State of Louisiana v. Rogrick M. Van Dyke · filed 2012-10-03
To prove second degree murder, the state had to prove that the defendant had the specific intent to kill the victim or to inflict great bodily harm. La.R.S. 14:30.1. ... We find the evidence sufficient to establish the essential elements of the crime beyond a reasonable doubt.Read the full opinion on CourtListener →
Section 14:30.1 requires proof that a human being was killed and that the defendant had the specific intent to kill or inflict great bodily harm.
State v. Everett · filed 2012-06-13
In order to prove second degree murder, the state must show the killing of a human being, and that defendant had the specific intent to kill or inflict great bodily harm. La. R.S. 14:30.1.Read the full opinion on CourtListener →
Section 14:30.1(A) makes a killing second-degree murder when the offender has specific intent to kill or inflict great bodily harm, or while perpetrating or attempting a drive-by shooting, even without that intent.
State v. Mason · filed 2013-01-16(A)(1), (A)(2)
In order to convict him of second degree murder, the jury had to conclude that the defendant acted as a principal to Evans either when he acted with the specific intent to kill or inflict great bodily harm, or when Evans committed a drive-by shooting.Read the full opinion on CourtListener →
Section 14:30.1 makes specific intent to kill an element of second-degree murder, which, when charged as an attempt, must be paired with an overt act toward the victim's death.
State v. Bethley · filed 2013-02-06
The elements of attempted second degree murder are “a specific intent to kill the victim and the commission of an overt act that tends toward the accomplishment of the victim’s death.” La. R.S. 14:30.1; La.R.S. 14:27; State v. George, 09-143, pp. 4-5 (La.App. 3 Cir. 10/7/09), 19 So.3d 614, 618.Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as a killing committed with specific intent to kill or inflict great bodily harm, or during the perpetration or attempted perpetration of cruelty to juveniles or second-degree cruelty to juveniles even without such intent.
State v. Thornton · filed 2013-03-13
Second degree murder is defined by La. R.S. 14:30.1 as the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great' bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of ... cruelty to juveniles [or] second degree cruelty to juveniles ... even though he has no intent to kill or to inflict great bodily harm.Read the full opinion on CourtListener →
Section 14:30.1(A)(1) defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Debra Sue Schjenken AKA Debra Sue Hewitt AKA Debra Odir · filed 2013-04-03(A)(1)
Second degree murder is defined as the killing of a human being “[w]hen the offender has a specific intent to kill or to inflict great bodily harm[.]” La.R.S. 14:30.1(A)(1).Read the full opinion on CourtListener →
Section 14:30.1 defines second-degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State of Louisiana v. Authorlee · filed 2013-04-03
In this case, the jury found Defendant guilty of second degree murder. Second degree murder is the killing of a human being when the offender has specific intent to kill or inflict great bodily harm. La.R.S. 14:30.1; State v. Bishop, 01-2548 (La. 1/14/03), 835 So.2d 434.Read the full opinion on CourtListener →
Section 14:30.1 defines second degree murder as killing a human being with specific intent to kill or inflict great bodily harm.
State v. Holmes · filed 2013-05-16
Defendant was convicted of second degree murder. La. R.S. 14:30.1 provides that second degree murder is the killing of a human being when the offender has specific intent to kill or to inflict great bodily harm. See La. R.S. 14:30.1.Read the full opinion on CourtListener →
For an attempted second-degree-murder prosecution, the State must prove that the defendant intended to kill the victim and committed an overt act tending toward accomplishing the victim’s death.
State v. Jones · filed 2013-08-07
In a prosecution for attempted second degree murder the state must prove that the defendant: (1) intended to kill the victim and (2) committed an overt act tending towards the accomplishment of the victim’s death. State v. Johnson, 08-1488, p. 9 (La.App. 4 Cir. 2/10/10), 33 So.3d 328, 334, citing State v. Bishop, 01-2548, p. 4 (La.1/14/03), 835 So.2d 434, 437; La. R.S. 14:27; La. R.S. 14:30.1.Read the full opinion on CourtListener →
Notes 751–900 of 1,102, oldest cases first.
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