127 So. 3d 18 - State v. Pernell’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We remand this matter to the district court and direct that it conduct a hearing on the defendant’s pending motion to reconsider sentence under the criteria established in [State v.] Sepulvado, 867 So.2d 762 [(La.1979),] and [State v. Johnson, 97-1906 (La.3/4/98); 709 So.2d 672 ]. If the sentencing judge concludes that Mr. Pernell’s sentence of life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence is excessive, and that a downward departure is authorized, he shall impose the most severe sentence that is not constitutionally excessive. [See State v.] Lindsey, 99-3802, p. 5 [ (La.10/17/00);] 770 So.2d [339,] 343. If the sentencing judge decides to downwardly depart from the legislatively mandated sentence either by reason of its duration or, for example, by its restriction on parole eligibility, he shall justify his reduction. See State v. Gordon, 96-0427 (La.5/10/96); 672 So.2d 669, 669 [ (per curiam) ]. We reserve the parties’ rights to appeal any adverse ruling by the district court on remand. See, e.g., State v. Rainey, 09-1510, p. 5 (La.App. 4 Cir. 7/21/10); 43 So.3d 1090, 1093 .”

   1 later decision quote this exact passage
   e.g. State v. Pernell

2. “In determining whether an omission has sufficiently prejudiced a defendant, we consider the importance of the omission along with the value, relevance, and nature of other evidence made available in the trial record in light of the specific assignments of error set forth by the defendant as well as the errors patent on the face of the record. See , e.g. , [State v. ]Hawkins , 96-0766, p. 8, 688 So.2d [473,] at 480 [ (La. 1997) ].”

   1 later decision quote this exact passage
   e.g. 249 So. 3d 260 - State v. Alridge

3. “to explicitly determine whether the defendant's situation is one of those rare and exceptional circumstances that would justify a downward departure from the legislatively mandated and presumptively constitutional sentence of life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.”

   1 later decision quote this exact passage
   e.g. 245 So. 3d 15 - State v. Brazell