La. Stat. Ann. § 15:438

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but does not impose a stricter standard of review than Jackson.

State v. Washington · filed 1997-09-26

Although La. R.S. 15:438 provides that when circumstantial evidence is used to convict, every reasonable hypothesis of innocence must be excluded, this statutory rule is not a separate test from the Jackson standard and does not establish a stricter standard of review.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence meets the reasonable doubt standard.

State v. Egana · filed 1997-12-03

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 guides the jury's consideration of circumstantial evidence but does not impose a stricter standard of appellate review.

State v. Henry · filed 1998-03-11

But, La. R.S. 15:438 does not establish a stricter standard of review than the more general rational juror's reasonable doubt formula; it is merely an evidentiary guide for the jury when considering circumstantial evidence.

Section 15:438 requires the fact finder to be satisfied that the overall evidence excludes every reasonable hypothesis of innocence when assessing circumstantial evidence.

State v. Schexnayder · filed 1998-04-08

When analyzing circumstantial evidence, La. R.S. 15:438 provides the fact finder must be satisfied the overall evidence excludes every reasonable hypothesis of innocence. ... After a careful review of the entire record, we believe that a rational trier of fact, viewing all of the evidence, both direct and circumstantial, as favorable to the prosecution as any rational fact finder can, could have concluded beyond a reasonable doubt that the defendant was guilty of second degree murder.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but it does not create a separate sufficiency test.

State v. Richoux · filed 1998-05-26

When circumstantial evidence is used to prove the commission of an offense, La. R.S. 15:438 requires that “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” This is not a separate test to be applied when circumstantial evidence forms the basis of a conviction. All evidence, both direct and circumstantial, must be sufficient to satisfy a rational juror that defendant is guilty beyond a reasonable doubt.

Section 15:438 requires the state to exclude every reasonable hypothesis of innocence when proving guilt by circumstantial evidence; this requirement is part of the overall sufficiency-of-evidence standard.

State v. Armant · filed 1998-05-27

In order to prove guilt by circumstantial evidence, the state must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. This is not separate from the Jackson standard. Ultimately, all evidence, both direct and circumstantial, must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; the rule is a guideline within reasonable doubt review, not a separate test.

State v. Atkins · filed 1998-05-27

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 guides the evaluation of circumstantial evidence under the reasonable doubt standard; it does not impose a stricter standard of review.

State v. Goodjoint · filed 1998-06-24

In Chism, our supreme court stated that La. R.S. 15:438 (which sets out the rule as to circumstantial evidence) "may not establish a stricter standard of review than [the more general reasonable doubt standard, but] it emphasizes the need for careful observance of the [reasonable doubt] standard and provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence." State v. Chism, supra at 470. ... Thus, all evidence is to be viewed in the light most favorable to the prosecution and if a rational trier of fact could have reasonably concluded that this evidence, both direct and circumstantial, proved beyond a reasonable doubt the elements of the offense, then the verdict must be upheld.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence after assuming every fact the evidence tends to prove.

State v. MacK · filed 1998-06-24

The rule for circumstantial evidence is: Assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. ... When viewed in a light most favorable to the prosecution, the evidence presented at trial was legally sufficient to establish beyond a reasonable doubt that Mack acted as a "lookout," and thus was a principal to the crime.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the overall sufficiency inquiry.

State v. Shanks · filed 1998-06-29

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This statutory test is not a purely separate one from the Jackson constitutional sufficiency standard.

Section 15:438 requires the overall circumstantial evidence to exclude every reasonable hypothesis of innocence.

State v. Woods · filed 1998-06-29

When analyzing circumstantial evidence, La.R.S. 15:438 provides that the fact finder must be satisfied the overall evidence excludes every reasonable hypothesis of innocence.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review of whether a rational juror could find guilt beyond a reasonable doubt.

State v. Smith · filed 1998-07-01

La.R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guide to reasonable doubt review.

State v. Johnson · filed 1998-07-01

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. August · filed 1998-09-16

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review under the reasonable doubt standard.

State v. Jordan · filed 1998-09-16

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence.

State v. Owens · filed 1998-09-25

When circumstantial evidence forms the basis for the conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence before it can support a conviction.

State v. Colomb · filed 1998-10-07

In a case involving circumstantial evidence such as this one, assuming every fact to be proved that the evidence tends to prove, in order to convict, the evidence must exclude every reasonable hypothesis of innocence.

Section 15:438 requires the evidence to exclude every reasonable hypothesis of innocence and serves as an evidentiary guideline for reviewing whether a rational juror could find guilt beyond a reasonable doubt.

State v. Norfleet · filed 1998-10-21

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review of whether the evidence supports a conviction beyond a reasonable doubt.

State v. DeSilva · filed 1998-12-09

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Bannister · filed 1999-01-27

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This question is not a separate test from Jackson v. Virginia , but it is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires the evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the Jackson reasonable doubt standard.

State v. Lewis · filed 1999-02-03

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires the state to exclude every reasonable hypothesis of innocence when proving guilt by circumstantial evidence, as part of the Jackson sufficiency standard.

State v. Jones · filed 1999-02-10

In order to prove guilt by circumstantial evidence, the state must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. This is not separate from the Jackson standard. Ultimately, all evidence, both direct and circumstantial, must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for appellate review under the reasonable doubt standard.

State v. Ash · filed 1999-02-10

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La.R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence.

State v. Ratcliff · filed 1999-02-23

Regarding circumstantial evidence, LSA-R.S. 15:438 provides as follows: The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence. ... Based on the entirety of the testimony and the evidence presented by the state a rational trier of fact could have found that defendant was an active participant to an attempted perpetration of an armed robbery at the time the victim was killed.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Nogess · filed 1999-03-03

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. State v. Wright, 445 So.2d 1198 (La.1984).

Section 15:438 requires the State to exclude every reasonable hypothesis of innocence when proving guilt by circumstantial evidence; that rule is part of the overall sufficiency standard.

State v. Day · filed 1999-03-10

In order to prove guilt by circumstantial evidence, the State must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. This is not separate from the Jackson standard. Ultimately, all evidence, both direct and circumstantial, must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the reasonable-doubt standard.

State v. Brady · filed 1999-03-16

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... Viewing the evidence in a light most favorable to the prosecution, it cannot be said that any rational trier of fact could have found beyond a reasonable doubt that Howell had constructive possession of the pills secreted on Brady's person. Such an inference would be too speculative.

Section 15:438 provides a method for assessing reasonable doubt in a case based on circumstantial evidence, rather than a separate standard of review.

State v. Ewens · filed 1999-03-30

The requirement of La. R.S. 15:438 does not establish a standard separate from the Jackson standard, but rather provides a helpful methodology for determining the existence of reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence before conviction.

State v. Meads · filed 1999-04-01

Viewing all the evidence in the light most favorable to the state, any rational trier of fact could have concluded beyond a reasonable doubt and to the exclusion of any reasonable hypothesis of innocence that defendant was guilty of attempted second degree murder.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Guillard · filed 1999-04-07

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Rose · filed 1999-04-07

La.R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. Wolfe · filed 1999-04-21

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires a case based solely on circumstantial evidence to exclude every reasonable hypothesis of innocence beyond a reasonable doubt.

State v. Jones · filed 1999-04-28

When the State’s case relies solely on circumstantial evidence, the issue is whether a reasonable trier of fact could have concluded beyond a reasonable doubt that every reasonable hypothesis of innocence had been excluded.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Smith · filed 1999-05-12

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for applying the reasonable doubt standard on appeal.

State v. Porter · filed 1999-05-12

La. R.S. 15:438 is not a separate test from Jackson v. Virginia , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt; all evidence, direct and circumstantial, must meet the Jackson reasonable doubt standard.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the reasonable doubt standard.

State v. Lewis · filed 1999-05-19

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and provides a method for assessing reasonable doubt under the Jackson standard.

State v. Divine · filed 1999-05-19

The requirement of La. R.S. 15:438 does not establish a standard separate from the Jackson standard, but rather provides a helpful methodology for determining the existence of reasonable doubt. ... This assignment of error is devoid of reversible substance. Divine was sufficiently identified as the person who performed an unprovoked attack on Partain and took his money.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence.

State v. Williams · filed 1999-06-01

The evidence, when circumstantial, must be sufficient that every reasonable hypothesis of innocence is excluded. La.R.S. 15:438. ... Viewing the evidence in the light most favorable to the prosecution, we find that the State proved beyond a reasonable doubt the charges of oral sexual battery and crime against nature on May 3, 1997, Counts 1 and 2 of the bill of information.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as a way to assess reasonable doubt.

State v. Allen · filed 1999-07-27

The requirement of La. R.S. 15:438 does not establish a standard separate from the Jackson standard, but rather provides a helpful methodology for determining the existence of reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, as a guideline within the reasonable doubt standard.

State v. Ragas · filed 1999-07-28

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires proof that excludes every reasonable hypothesis of innocence when a conviction rests on circumstantial evidence and guides appellate review under the reasonable doubt standard.

State v. Riley · filed 1999-08-04

La.R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence when an essential element is not proven by direct evidence.

State v. Durham · filed 1999-08-20

In all cases where an essential element of the crime is not proven by direct evidence, La. R.S. 15:438 applies: The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Harris · filed 1999-09-01

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Mamon · filed 1999-09-08

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... Although the lack of circumstantial evidence does not support the charged offense, it does support a conviction for the lesser and included offense of possession of marijuana; and this court is authorized to enter a judgment of guilty of the lesser and included offense.

Section 15:438 guides appellate review of circumstantial evidence; it is not a separate test from the reasonable doubt standard.

State v. Shields · filed 1999-09-15

La. R.S. 15:438 is not a separate test from Jackson v. Virginia , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt; all evidence, direct and circumstantial, must meet the Jackson reasonable doubt standard.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing the sufficiency of the evidence.

State v. Davis · filed 1999-10-20

Where the evidence is circumstantial, conviction is proper, assuming every fact to be proved that the evidence tends to prove, only if the evidence excludes every reasonable hypothesis of innocence. La. R.S. 15:438. This rule is not a separate test from the review standard established by Jackson v. Virginia , but rather it is an evidentiary guideline which facilitates appellate review of the sufficiency of the evidence. ... The broken store room door pry marks around the cash register indicate, beyond a reasonable doubt, that the perpetrator intended to commit a theft.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but it does not impose a stricter standard of review than the Jackson standard.

State v. Thomas · filed 1999-10-27

La. R.S. 15:438 provides that when circumstantial evidence is used to convict, every reasonable hypothesis of innocence must be excluded; however, this statutory rule is not a separate test from the Jackson standard and does not establish a stricter standard of review. Rather, all the evidence, both direct and circumstantial, must be sufficient to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but does not impose a stricter standard than proof beyond a reasonable doubt.

State v. Poland · filed 1999-10-27

The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. However, that rule does not establish a stricter standard of review than the rational juror’s reasonable doubt formula, but, instead provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guide for reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. Perez · filed 1999-11-03

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline within reasonable doubt review.

State v. Ancar · filed 1999-11-03

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review under the reasonable doubt standard.

State v. Crosby · filed 1999-11-17

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence meets the reasonable doubt standard.

State v. Calway · filed 1999-11-17

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires a reviewing court to determine whether a reasonable juror could find beyond a reasonable doubt that every reasonable hypothesis of innocence was excluded.

State v. Brooks · filed 1999-12-22

Applying the circumstantial evidence rule found in La.R.S. 15:438 to the Jackson standard, this court must determine whether, viewing the evidence in the light most favorable to the prosecution, a reasonable trier of fact would have concluded beyond a reasonable doubt that every reasonable hypothesis of innocence had been excluded.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline within reasonable doubt review.

State v. Green · filed 1999-12-22

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Drummer · filed 1999-12-22

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review of whether the evidence proves guilt beyond a reasonable doubt.

State v. Jenkins · filed 1999-12-29

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Scott · filed 2000-01-05

The elements must be proven such that every reasonable hypothesis of innocence is excluded. See La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; the rule guides appellate review of sufficiency under Jackson v. Virginia.

State v. Ricard · filed 2000-01-19

With circumstantial evidence the rule is: "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." La. R.S. 15:438. This rule is not a separate test from the review standard established by Jackson v. Virginia , but rather it is an evidentiary guideline which facilitates appellate review of the sufficiency of the evidence.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but does not impose a stricter standard of review than the rational juror’s reasonable doubt standard.

State v. Casey · filed 2000-01-26

In cases where the conviction is based on circumstantial evidence, La. R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. ... However, La. R.S. 15:438 does not establish a stricter standard of review than the more general rational juror's reasonable doubt formula.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. Thomas · filed 2000-01-26

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review of whether the evidence proves guilt beyond a reasonable doubt.

State v. Smith · filed 2000-01-26

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; on appeal, an alternative hypothesis matters if it could prevent a rational juror from finding guilt beyond a reasonable doubt.

State v. Preston · filed 2000-02-15

When circumstantial evidence forms the basis for the conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. The court does not determine whether another possible hypothesis suggested by the defendant could afford an exculpatory explanation of the events. Rather, this Court, when evaluating the evidence in the light most favorable to the prosecution, must determine whether the possible alternative hypothesis is sufficiently reasonable that a rational juror could not have found proof of guilt beyond a reasonable doubt under Jackson.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence, assessed under the rational juror standard.

State v. McNeil · filed 2000-02-16

When circumstantial evidence forms the basis for the conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. ... Neither victim was able to identify him, and there was no other evidence linking him to those counts.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review under the reasonable doubt standard.

State v. McGee · filed 2000-02-23

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. Ballett · filed 2000-03-15

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review under the reasonable doubt standard.

State v. Tassin · filed 2000-03-15

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... Viewing the entirety of the record in the light most favorable to the State, we hold that a rational jury could, after discounting defendant's testimony, have found beyond a reasonable doubt that defendant knowingly possessed the pipe.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence before it can support a conviction.

State v. Drummer · filed 2000-03-15

With circumstantial evidence the rule is: “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” La. R.S. 15:438. ... A rational trier of fact could have found that only the first hypothesis was reasonable under these circumstances.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Rice · filed 2000-03-15

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the reasonable doubt inquiry.

State v. Monette · filed 2000-03-22

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... This case can be distinguished from Postell, supra, by the circumstantial evidence of recent drug use by defendant in the instant case. Viewing all of the evidence in light most favorable to the prosecution, any rational trier of fact could have found that defendant knowingly and intentionally possessed a pipe containing crack cocaine residue-all of the essential elements of the offense of possession of cocaine of cocaine.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence.

State v. Olivier · filed 2000-03-31

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that, “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.”

Section 15:438 requires proof that excludes every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Duncan · filed 2000-04-19

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Sam · filed 2000-04-19

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires a conviction based on circumstantial evidence to exclude every reasonable hypothesis of innocence.

State v. Hudson · filed 2000-05-10

In all cases where an essential element of the crime is not proven by direct evidence, La. R.S. 15:438 applies. As an evidentiary rule, it restrains the factfinder in the first instance, 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 circumstantial evidence to exclude every reasonable hypothesis of innocence before conviction.

State v. Wade · filed 2000-05-15

In all cases where an essential element of the crime is not proven by direct evidence, La. R.S. 15:438 applies. As an evidentiary rule, that statute restrains the fact finder in the first instance, as well as the reviewer on appeal, to accept as proven all that the evidence tends to prove and, second, to convict only if every reasonable hypothesis of innocence is excluded.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Johnson · filed 2000-05-17

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence and serves as a guideline for jury and appellate review.

State v. Walker · filed 2000-05-17

When circumstantial evidence forms the basis for the conviction, such evidence must exclude every reasonable hypothesis of innocence. ... This is not a separate test from Jackson v. Virginia , but is instead an evidentiary guideline for the jury when considering circumstantial evidence and facilitates appellate review of whether a rational juror could have found the defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. McNeal · filed 2000-06-14

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Bullock · filed 2000-06-14

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence satisfies the reasonable doubt standard.

State v. Johnson · filed 2000-06-14

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... Viewing the evidence in a light most favorable to the State, a reasonable trier of fact could have concluded beyond a reasonable doubt that the defendant possessed cocaine with the intent to distribute it.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review under the reasonable doubt standard.

State v. Harris · filed 2000-06-14

The elements 19must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This statutory provision is not a separate test from Jackson, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but it does not impose a stricter standard of review than reasonable doubt.

State v. Debrow · filed 2000-06-21

When the conviction is based on circumstantial evidence, La. R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. ... However, R.S. 15:438 does not establish a stricter standard of review than the more general rational juror's reasonable doubt formula.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence meets the reasonable doubt standard.

State v. Mims · filed 2000-06-21

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Bass · filed 2000-07-12

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether a rational juror could find guilt beyond a reasonable doubt.

State v. Brown · filed 2000-07-12

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence.

State v. Schmidt · filed 2000-07-26

The rule as to circumstantial evidence is that, assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence. La.R.S. 15:438.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, but that requirement is an evidentiary guideline within reasonable-doubt review rather than a separate test.

State v. Williams · filed 2000-08-23

While La. R.S. 15:438 requires that the elements be proven such that every reasonable hypothesis of innocence is excluded, this is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence.

State v. Harris · filed 2000-08-25

When circumstantial evidence forms the basis for conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. ... Despite AR's inability to make a direct identification, the extensive circumstantial evidence shows beyond a reasonable doubt that Harris was, in fact, her rapist.

When a conviction rests on circumstantial evidence, that evidence must exclude every reasonable hypothesis of innocence.

State v. Derouselle · filed 2000-08-30

Looking at all of the evidence in the light most favorable to the prosecution, the State presented sufficient circumstantial evidence that defendant was the person who shot and killed Sandra Taylor. Charles Craft, who had seen defendant earlier in the day inquiring after Ms. Taylor's whereabouts, saw defendant running from Ms. Taylor's house shortly after Craft heard gunshots coming from her house; and, this evidence excludes every reasonable hypothesis of innocence.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; it guides review under the reasonable doubt standard rather than creating a separate test.

State v. Dillion · filed 2000-09-06

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as an evidentiary guideline within the reasonable doubt standard.

State v. Dunn · filed 2000-09-13

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the reasonable doubt inquiry, rather than as a separate sufficiency test.

State v. Washington · filed 2000-09-26

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 provides that "assuming every fact to be proved that the [circumstantial] evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." ... This is not a separate test from the Jackson standard, but rather provides a helpful basis for determining the existence of reasonable doubt.

Section 15:438 does not require an appellate court to resolve conflicting inferences and rule out every hypothesis except guilt when reviewing the sufficiency of the evidence.

State v. Williams · filed 2000-09-27

Citing Louisiana's circumstantial evidence rule, La. R.S. 15:438, defendant asks this reviewing court to examine conflicting inferences and rule out every hypothesis except that of guilty before affirming the jury's verdict. Such a review would usurp the role of the jury and substitute our view of the facts.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence meets the reasonable doubt standard.

State v. Toney · filed 2000-11-08

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires proof that excludes every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence meets the reasonable doubt standard.

State v. Jones · filed 2000-11-08

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for appellate review under the reasonable doubt standard.

State v. Clark · filed 2000-11-08

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable 17doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Matthis · filed 2000-11-29

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. However, La. R.S. 15:438 is not a separate test from Jackson v. Virginia but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence.

State v. Robinson · filed 2000-11-29

Such evidence must also exclude every reasonable hypothesis of innocence. La. R.S. 15:438. The court does not determine whether another possible alternative hypothesis suggested by the defendant could afford an exculpatory explanation of the events; rather, when evaluating the evidence in the light most favorable to the prosecution, the court determines whether the possible alternative hypothesis is sufficiently reasonable that a rational juror could not have found proof of guilt beyond a reasonable doubt under Jackson v. Virginia .

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; this rule guides review under the reasonable doubt standard.

State v. Boudreaux · filed 2000-12-20

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defem dant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review under the reasonable doubt standard.

State v. Allen · filed 2001-01-10

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as an evidentiary guideline within reasonable doubt review, rather than a separate test.

State v. Morgan · filed 2001-01-17

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, assuming the facts the evidence tends to prove.

State v. Carter · filed 2001-01-24

"The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." La. R.S. 15:438. ... As to the robbery of Ms. Burke, much of the evidence was circumstantial, as the defendant wore a mask, and Ms. Burke never saw his face. ... Viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found that the defendant committed the armed robberies and attempted armed robberies of the six victims.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence when it forms the basis of a conviction.

State v. Laneheart · filed 2001-01-31

When circumstantial evidence forms the basis of the conviction, the elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Johnson · filed 2001-02-14

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires the evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Sholes · filed 2001-03-07

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the overall sufficiency-of-the-evidence test.

State v. Bourgeois · filed 2001-03-14

When circumstantial evidence is used to prove the commission of an offense, La. R.S. 15:438 requires that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This is not a separate test to be applied when circumstantial evidence forms the basis of a conviction. All evidence, both direct and circumstantial, must be sufficient to satisfy a rational trier of fact that defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Cojoe · filed 2001-03-21

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La.R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; the rule guides review under the reasonable doubt standard.

State v. Washington · filed 2001-03-21

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La.R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review of whether a rational juror could find guilt beyond a reasonable doubt.

State ex rel. T.E. · filed 2001-04-11

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires a jury considering circumstantial evidence to be instructed that the evidence must exclude every reasonable hypothesis of innocence; appellate review applies a different test.

State v. Lovick · filed 2001-05-16

When circumstantial evidence is used to prove a case, the trial judge must instruct the jury that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." La. R.S. 15:438. A different test is applied on appellate review.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, as part of the overall sufficiency review.

State v. Oxley · filed 2001-05-16

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” This is not a purely separate test from the Jackson sufficiency standard to be applied instead of a sufficiency of the evidence test whenever circumstantial evidence forms the basis of the conviction. Ultimately, all evidence, both direct and circumstantial must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review of whether the evidence proves guilt beyond a reasonable doubt.

State v. Toups · filed 2001-05-23

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... While any rational trier of fact could have found that the defendant had knowledge of the cocaine and crack pipes on the coffee table, there was no evidence from which any rational trier of fact could have concluded beyond a reasonable doubt that the contraband was subject to the defendant's dominion and control at the point when police entered.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. Knight · filed 2001-05-23

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. ... These facts are sufficient to prove attempted possession of cocaine.

When circumstantial evidence is used to prove an offense, it must exclude every reasonable hypothesis of innocence.

State v. Berkeley · filed 2001-05-30

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 provides that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence."

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides sufficiency review under Jackson.

State v. Lincoln · filed 2001-06-22

La. R.S. 15:438, which deals with circumstantial evidence, requires exclusion of every reasonable hypothesis of innocence in order to convict. It provides an evidentiary guideline, emphasizes the need for careful observance of the Jackson standard, and provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence.

Section 15:438 requires a jury instruction that circumstantial evidence must exclude every reasonable hypothesis of innocence.

State v. Manson · filed 2001-06-27

When circumstantial evidence is used to prove a case, the trial judge must instruct the jury that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." La. R.S. 15:438. A different test is applied on appellate review.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Bloodworth · filed 2001-06-27

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires proof that excludes every reasonable hypothesis of innocence and serves as a guideline for reviewing the sufficiency of circumstantial evidence.

State v. Payne · filed 2001-07-25

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence, while the conviction must also satisfy the Jackson sufficiency standard.

State v. MM · filed 2001-08-29

When dealing with circumstantial evidence only, La.R.S. 15:438 mandates that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." ... Nevertheless, the standard that La.R.S. 15:438 sets forth does not supplant a Jackson sufficiency standard whenever circumstantial evidence forms the basis of the conviction.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and operates alongside the constitutional sufficiency test.

State v. Neal · filed 2001-09-21

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 requires that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This statutory test works with the Jackson constitutional sufficiency test to evaluate whether all evidence, direct and circumstantial, is sufficient to prove guilt beyond a reasonable doubt to a rational jury.

Section 15:438 requires the fact-finder to determine whether the overall circumstantial evidence excludes every reasonable hypothesis of innocence.

State v. Magee · filed 2001-10-10

When analyzing circumstantial evidence, La. R.S. 15:438 provides that the fact-finder must be satisfied that the overall evidence excludes every reasonable hypothesis of innocence.

Circumstantial evidence can support a conviction when it excludes every reasonable hypothesis of innocence, even without direct evidence identifying the defendant.

State v. Richthofen · filed 2001-11-27

In a case involving circumstantial evidence, La. R.S. 15:438 provides that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." ... Although there was no direct evidence that the Defendant shook Brenda and caused her death, it is reasonable to infer that he committed the crime.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence supports a conviction beyond a reasonable doubt.

State v. Landry · filed 2001-12-12

The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence before a conviction.

State v. Noil · filed 2001-12-26

La.R.S. 15:438 provides that in a case involving circumstantial evidence, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence."

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Barthe · filed 2001-12-27

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence meets the reasonable doubt standard.

State v. Perron · filed 2002-01-16

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Howard · filed 2002-01-23

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence before it can support a conviction.

State v. Williams · filed 2002-02-06

Furthermore, La.R.S. 15:438 mandates that when circumstantial evidence is used to prove the commission of a crime, the rule is: "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." ... Furthermore, every reasonable hypothesis could have been excluded.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; this rule guides review under the reasonable doubt standard.

State v. Huckabay · filed 2002-02-06

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable-doubt standard.

State v. Celestine · filed 2002-02-13

La. R.S. 15:438 is not a separate test from Jackson, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides the reasonable doubt inquiry under Jackson.

State v. Harrell · filed 2002-02-26

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 provides that "assuming every fact to be proved that the [circumstantial] evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." State v. Captville, 448 So.2d 676, 678 (La. 1984); State v. Jones, 00-980 (La.App. 5th Cir.10/19/00), 772 So.2d 788, 791. This is not a separate test from the Jackson standard, but rather provides a helpful basis for determining the existence of reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and provides a way to assess reasonable doubt under the Jackson standard.

State v. Brooks · filed 2002-02-26

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." The requirement of La. R.S. 15:438 does not establish a standard separate from the Jackson standard, but rather provides a helpful methodology for determining the existence of reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the sufficiency review.

State v. Reed · filed 2002-03-06

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This is not a purely separate test from the Jackson sufficiency standard to be applied instead of a sufficiency of the evidence test whenever circumstantial evidence forms the basis of the conviction.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether the evidence proves guilt beyond a reasonable doubt.

State v. Logan · filed 2002-06-14

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence to support a conviction.

State v. Bridgewater · filed 2002-06-21

When circumstantial evidence is used to prove the commission of the offense, La.Rev.Stat. 15:438 requires that "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence."

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as an evidentiary guideline within the reasonable-doubt standard.

State v. Collins · filed 2002-08-21

When circumstantial evidence forms the basis for the conviction, the totality of such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. [5] However, the circumstantial evidence rule is not a separate test from the Jackson standard; La. R.S. 15:438 is simply "an evidentiary guideline for the jury when considering circumstantial evidence and facilitates appellate review of whether a rational juror could have found defendant guilty beyond a reasonable doubt." State v. Wright, 445 So.2d 1198, 1201 (La.1984).

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence; a proposed alternative must be reasonable enough to prevent a rational juror from finding guilt beyond a reasonable doubt.

State v. Murray · filed 2002-08-29

When circumstantial evidence forms the basis for conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. The court does not determine whether another possible hypothesis suggested by the defendant could afford an exculpatory explanation of the events; rather, when viewing the evidence in the light most favorable to the prosecution, the court determines whether the possible alternative hypothesis is sufficiently reasonable that a rational juror could not have found proof of guilt beyond a reasonable doubt under Jackson v. Virginia . This is not a separate test from Jackson v. Virginia .

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence.

State v. Williams · filed 2002-09-18

When circumstantial evidence forms the basis for the conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438.

Section 15:438 requires proof that excludes every reasonable hypothesis of innocence and serves as an evidentiary guideline for reviewing the sufficiency of circumstantial evidence.

State v. Hurst · filed 2002-09-25

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as an evidentiary guideline for reviewing whether a conviction meets the reasonable doubt standard.

State v. Clark · filed 2002-09-25

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether a rational juror could find guilt beyond a reasonable doubt.

State v. Major · filed 2002-10-02

The circumstantial evidence rule set forth in La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review of whether the evidence supports a conviction beyond a reasonable doubt.

State v. Burt · filed 2002-10-09

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. Louisiana Revised Statute 15:438 is not a separate test from Jackson v. Virginia, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides review of whether the evidence proves guilt beyond a reasonable doubt.

State v. Sylvester · filed 2002-12-11

La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline within appellate review for sufficiency of the evidence.

State v. Wix · filed 2003-01-15

La. R.S. 15:438 is not a separate test from Jackson, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence. The rule guides review under the reasonable doubt standard.

State v. Young · filed 2003-01-22

When circumstantial evidence forms the basis for the conviction, such evidence must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. ... This is not a separate test from Jackson, but is instead an evidentiary guideline for the jury when considering circumstantial evidence, and this test facilitates appellate review of whether a rational juror could have found the defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of determining whether guilt was proved beyond a reasonable doubt.

State v. Qutoum · filed 2003-01-28

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 provides that "assuming every fact to be proved that the circumstantial evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This is not a separate test from the Jackson standard, but rather provides a helpful basis for determining the existence of reasonable doubt. Ultimately, all evidence, both direct and circumstantial, must be sufficient to support the conclusion that the defendant is guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence; the rule guides review under the reasonable doubt standard.

State v. Alvey · filed 2003-01-29

The elements must be proven such | fthat every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence supporting a conviction to exclude every reasonable hypothesis of innocence.

State v. Thomas · filed 2003-02-05

When the conviction is based on circumstantial evidence, La. R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. ... Quite simply, even viewing the case from a light most favorable to the prosecution, there was insufficient evidence to establish that Patterson knew or should have known that the car was stolen. Therefore, we reverse Patterson’s conviction.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence as part of the overall sufficiency review.

State v. Booker · filed 2003-02-14

When analyzing circumstantial evidence, La. R.S. 15:438 provides, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This statutory test is not a purely separate one from the Jackson constitutional sufficiency standard.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and guides appellate review under the reasonable doubt standard.

State v. Hall · filed 2003-03-19

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. La. R.S. 15:438 is not a separate test from Jackson v. Virginia, supra , but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.

Section 15:438 requires circumstantial evidence to exclude every reasonable hypothesis of innocence and serves as a guideline for reviewing whether a rational juror could find guilt beyond a reasonable doubt.

State v. Price · filed 2003-04-02

The elements must be proven such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra , but rather an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt.