STATE OF LOUISIANA Vs. JOHN E. RIVERS
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STATE OF LOUISIANA * NO. 2014-KA-0511 VERSUS * COURT OF APPEAL JOHN E. RIVERS * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* BONIN, J., CONCURS WITH ADDITIONAL REASONS. I concur, but write to make explicit that the precise and proper question for a reviewing court to answer (which the majority opinion correctly answers) when the defendant’s claim, as here, is that he is entitled to a conviction of only the lesser, responsive verdict of manslaughter in a second degree murder prosecution is: “In reviewing defendant’s claim, [the reviewing] court must determine whether a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could have found that the mitigatory factors were not established by a preponderance of the evidence.” State v. Lombard, 486 So. 2d 106, 111 (La. 1986);
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