La. Stat. Ann. § 15:438

Section 15:438 requires exclusion of every reasonable hypothesis of innocence only when a conviction rests solely on circumstantial evidence.

State of Louisiana v. Morrow · filed 2023-01-25

The “must exclude every reasonable hypothesis of innocence” standard only applies where a conviction is based solely on circumstantial evidence. Here, the trial court heard testimony from three witnesses who were present at the time of the incident in addition to being able to observe the incident itself on video. Given the presence of such direct evidence, the court need not exclude every reasonable hypothesis of innocence and the defendant’s contentions to the contrary are simply misplaced.

Section 15:438 applies when an essential element is not proven by direct evidence and requires every reasonable hypothesis of innocence to be excluded.

State of Louisiana v. A. L. Simmons, II · filed 2024-03-20

Where an essential element of the crime is not proven by direct evidence, La.R.S. 15:438 applies. That rule restrains the fact finder, as well as the reviewer on appeal, to accept as proven all that the evidence tends to prove and then to convict only if every reasonable hypothesis of innocence is excluded.

Section 15:438 applies when an essential element lacks direct proof and requires every reasonable hypothesis of innocence to be excluded.

State of Louisiana v. Zachary Markey Adams A/K/A Zachary Adams A/K/A Zachary Batiste · filed 2025-02-26

Bernard’s identification of Defendant as the shooter should be considered direct evidence of Defendant’s guilt: ... Where an essential element of the crime is not proven by direct evidence, La.R.S. 15:438 applies. That rule restrains the fact finder, as well as the reviewer on appeal, to accept as proven all that the evidence tends to prove and then to convict only if every reasonable hypothesis of innocence is excluded.

Section 15:438 guides the evaluation of circumstantial evidence but does not impose a stricter standard of review than the rational juror reasonable doubt standard.

State v. Favors · filed 2009-11-10

However, La. R.S. 15:438 does not establish a stricter standard of review than the more general rational juror reasonable doubt formula. It is merely an evidentiary guide for the trier-of-fact when considering circumstantial evidence.

Section 15:438 guides jurors evaluating circumstantial evidence and does not impose a stricter standard of appellate review.

State v. McElveen · filed 2011-09-28

However, La. R.S. 15:438 does not establish a stricter standard of review than the more general rational juror’s reasonable doubt formula; rather it serves as a helpful evidentiary guide for jurors when evaluating circumstantial evidence.