122 So. 3d 1028 - State v. Hankton’s Empirical Analysis

Citation profile

6 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The revision of a less-than-unanimous jury requirement in the 1974 Constitution was not by routine incorporation of the previous Constitution’s provisions; the new article was the subject of a fair 14Samount of debate. In that debate no mention was made of race. The stated purpose behind the latest iteration of the less-than-unanimous jury verdict provision is judicial efficiency. We also emphasize here that the 1974 Constitution was adopted by a vote of the people. And in that regard [the defendant] has not even suggested that an objectionable appeal on the basis of race was promoted to the public in order to obtain their consent to the revised less-than-unanimous jury verdict authorized by the 1974 Constitution. Louisiana is not still using its 1898 Constitution, nor has Article 116 of the 1898 Constitution been adopted without change through the succeeding Constitutions. In our review of the legislative history of this challenged constitution provision, we have found that the general electorate of Louisiana did not vote on the approval of 1898, 1913, or 1927 Constitutions. The last constitution that was approved by the people before the 1974 Constitution was in 1879. Both the 1913 and 1927 Constitutions reproduced nearly verbatim the provisions of Article 116 of the 1898 Constitution relating to less-than-unanimous jury verdicts. All other jury provisions, including the requirement that nine out of twelve jurors concur when the punishment is necessarily at hard labor, rema”

   1 later decision quote this exact passage
   e.g. 133 So. 3d 258 - State v. Webb

2. “The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is lafiShown to have been the case the motion shall be denied, no matter upon what allegations it is grounded. The court, on motion of the defendant, shall grant a new trial whenever: [[Image here]] (2) The court’s ruling on a written motion, or an objection made during the proceedings, shows prejudicial error; [[Image here]] (3) New and material evidence that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before or during the trial, is available, and if the evidence had been introduced at the trial it would probably have changed the verdict or judgment of guilty; [[Image here]] (5) The court is of the opinion that the ends of justice would be served by the granting of a new trial, although the defendant may not be entitled to a new trial as a matter of strict legal right.”

   1 later decision quote this exact passage
   e.g. 151 So. 3d 756 - State v. Fields

3. “I am called upon to preside over what is little more than a family meeting of the Democratic party of the State of Louisiana ..., We know that this convention has been called together by the people of the State to eliminate from the electorate the mass of corrupt and illiterate voters who have during the last quarter of a century degraded our politics.”

   1 later decision quote this exact passage
   e.g. 133 So. 3d 258 - State v. Webb