State v. Magouirk

Decision Date28 September 1990
Docket NumberNo. 90-K-1288,90-K-1288
Citation566 So.2d 983
PartiesSTATE of Louisiana v. Kenneth Wayne MAGOUIRK. 566 So.2d 983
CourtLouisiana Supreme Court

In re Magouirk, Kenneth Wayne;--Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 19807-KA, 21519-KA; Parish of Ouachita, 4th Judicial District Court, Div. "D", No. 44681.

Prior report: La.App., 539 So.2d 50.

Denied.

HALL, J., recused.

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6 cases
  • 95-1665 La.App. 3 Cir. 10/11/96, State v. Armstrong
    • United States
    • Court of Appeal of Louisiana — District of US
    • October 11, 1996
    ... ... State v. Ghoram, 328 So.2d 91 (La.1976), State v. Magouirk, 539 So.2d 50 (La.App. 2 Cir.1988), after remand, 561 So.2d 801 (La.App. 3 Cir.), writ denied, 566 So.2d 983 (La.1990). Because of Cedric Johnson's unavailability at trial, the defendant argues he should have been able to introduce the transcript of Johnson's testimony from the preliminary ... ...
  • State v. Otis
    • United States
    • Court of Appeal of Louisiana — District of US
    • August 21, 1991
    ... ... Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Magouirk, 561 So.2d 801 (La.App. 2d Cir.1990), writ denied, 566 So.2d 983 (La.1990) ...         Where the conviction is based upon circumstantial evidence, LSA-R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. However, LSA-R.S. 15:438 does not ... ...
  • 27,136 La.App. 2 Cir. 10/5/95, State v. Stacy
    • United States
    • Court of Appeal of Louisiana — District of US
    • October 5, 1995
    ... ... 2 Because Stacy was previously convicted of manslaughter, he may not be retried for any greater offense. Green v. United States, 355 U.S. 184, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957); State v. Clark, 231 La. 807, 93 So.2d 13 (1957); State v. Magouirk ... ...
  • State v. Van Winkle
    • United States
    • Louisiana Supreme Court
    • June 30, 1995
    ... ... Because Ms. Van Winkle was previously convicted of manslaughter, she may not be retried for any greater offense. Green v. United States, 355 U.S. 184, 78 S.Ct. 221, 2 L.Ed.2d 199 (1957); State v. Clark, 231 La. 807, 93 So.2d 13 (1957); State v. Magouirk, 539 So.2d 50 (La.App.2d Cir.1988), recalled in part, appeal after remand 561 So.2d 801 (La.App.2d Cir.), writ denied 566 So.2d 983 (1990) ... [94-0947 La. 8] Other assignments ...         In spite of our disposition on the second assignment, we find it necessary to address, because of ... ...
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