128 So. 3d 1220 - State v. Wise’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant has the right to challenge the constitutional sufficiency of previous convictions through a written response to the State’s filing of a habitual offender bill of information. See La. R.S. 15:529.1(D)(1). A defendant must make such a response in order to preserve challenges to previous convictions for appellate review. Id.; State v. Harris, 44,402 (La.App. 2 Cir. 6/24/09), 20 So.3d 1121 , writ denied, 09-2303 (La.4/23/10), 34 So.3d 271 . In addition, if a defendant does not concede the validity of previous convictions, he is' entitled to a formal hearing. La. R.S. 15:529.1(D)(1)(b). A defendant’s response to the State’s filing of a habitual offender bill of information is often styled as a “motion to quash.” See, e.g., State v. Zachary, 08-634 (La.11/21/08), 995 So.2d 631 . Pursuant to La. R.S. 15:529.1(D)(l)(a), a defendant is required to file particular objections to the bill within 15 days after the defendant denies the allegation of the information, refuses to answer, or remains silent.”

   2 later decisions quote this exact passage
   e.g. 182 So. 3d 63 - State v. Wise · 239 So. 3d 330 - State v. Morehead

2. “The certified records in this case show that on July 20, 1982, in case number 288-157, Criminal District Court for the Parish of Orleans, defendant pled guilty to attempted simple robbery and was sentenced on the same day to serve two years in Parish Prison, suspended, and two years of active probation. -On August 5, 1991, the Jefferson Parish District Attorney filed a bill of information charging defendant with first degree robbery alleged to have occurred on January 22,1991. Defendant was found guilty of first degree robbery on May 6, 1992, in case number 91-3676, 24th Judicial District Court, and sentenced on June 26, 1992, to 30 years at hard labor without benefit of probation, parole, or suspension of 'sentence. The certified records further show that on May 18, . 1992, in case number 358-790, Criminal District Court for the Parish of Orleans, defendant was charged with aggravated battery upon a police officer, and was found guilty on November 18,1992. Defendant was sentenced on November 25, 1992, to serve ten years in the Department of Corrections. On December 22, 2011, defendant committed the instant offense. More than 10 years had elapsed between defendant’s predicate conviction in case number 358-790 on November 18, 1992, and the commission of the instant offense on December 22, 2011. Thus, the State was required to prove that the underlying offense was committed within ten years of defendant’s release from state custody for the predicate conviction in case number 35”

   1 later decision quote this exact passage
   e.g. 182 So. 3d 63 - State v. Wise

3. “1.' The State violated the rules of discovery, suppressed evidence favorable to the defense, in violation of the due process clause of the Fourteenth Amendment to the U.S. Constitution. a. The State suppressed evidence - that one of its key witnesses, Shar- . lene B. Jones, had used five (Alias) names prior to Wise case, impeachment evidence exculpatory material and favorable to the defense. b. The State withheld from the defense the fact that key prosecution witness Nyishia Randall had war- ■ rants issued for her arrest at the time of trial. 5 2. The Trial Court Erred refusing to rule on a Motion to Quash the Multiple Offender Bill of Information. 3. Insufficiency of the Multiple Offender Evidence. 4. La. R.S. 15:529.1 is unconstitutional- ■■ ly vague. 5. The trial court erred denying Mr. Wise Motion to Quash [sic] concerning the two charges (resisting an officer La. R.S. 14:108 and Battery of a Police officer a violation of La. R.S. 14:34.2) And [sic] not informing him in writing of said denial. The trial court erred allowing other crimes evidence before the jury.”

   1 later decision quote this exact passage
   e.g. 182 So. 3d 63 - State v. Wise