Public-domain · open source
OpenJurist
← 106 So. 3d 1232 - State v. Chairs

106 So. 3d 1232 - State v. Chairs’s Empirical Analysis

2012

Citation profile

17
cited by 17 later decisions
1
states following
May 2019
most recently cited

17 state decisions

Relationships

Relies on Brady v. State of Maryland · United States v. Bagley · United States v. Agurs · Giglio v. United States · Kyles v. Whitley

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Article I, Section 13 of the Louisiana Constitution requires that an indictment inform a defendant of the nature and cause of the accusation against him. State v. Chairs, 12-363 (La.App. 5 Cir. 12/27/12) , 106 So.3d 1232 , 1240, writ denied , 13-0306 (La. 6/21/13), 118 So.3d 413 . This requirement is implemented by La. C.Cr.P. art. 464, which provides: The indictment shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall state for each count the official or customary citation of the statute which the defendant is alleged to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice. La.C.Cr.P. art. 465 authorizes the use of specific short form indictments in charging certain offenses, including second degree murder. Chairs , 106 So.3d at 1240 . Both this Court and the Louisiana Supreme Court have consistently upheld the constitutionality of these short forms. Id. (citing [State v.] Draughn, 950 So.2d [583] at 624 [ (La. 2007) ] ). For instance, in Chairs, supra , the defendant, who was convicted of second degree murder, argued on appeal that the trial court erred in denying his motion to quash the indictment. He argued in the motion that the short form was constitutionally deficient due to its failure to specify whether his prosecution was being pursued under t”
    3 later decisions quote this exact passage
  2. “[i]n order to protect the identity and provide for the safety and welfare of crime victims who are minors under the age of eighteen years and of victims of sex offenses, notwithstanding any provision of the law to the contrary, an attorney for any party shall be prohibited from publicly disclosing, except during trial, the name, address, or identity of crime victims who at the time of the commission of the offense are under eighteen years of age or are victims of sex offenses, regardless of the date of commission of the offense. An attorney may lawfully utilize initials, abbreviations, or other forms of indefinite descriptions on documents used in the performance of their duties to prevent the public disclosure of the name, address, or identity of such crime victims. If the name, address, or identity of such a crime victim must be disclosed in a motion or pleading, that motion or pleading shall be filed with the court requesting that it be kept under seal.”
    1 later decision quote this exact passage
  3. “... on or about the 8th day of November, 2009, the said ROGER D. CHAIRS ... violated R.S. 14:30.1 in that [he] did commit second degree murder of a known juvenile (DOB 4/29/2002).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.