128 So. 3d 325 - State v. Johnson’s Empirical Analysis
2013
Citation profile
9
cited by 9 later decisions
1
states following
April 2019
most recently cited
9 state decisions
Relationships
Relies on 483 So. 2d 1223 - State v. Martin · 451 So. 2d 1074 - State v. Brown · 727 So. 2d 673 - State v. Washington · 119 So. 3d 158 - State v. Lampkin · 850 So. 2d 845 - State v. Enclard
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.
“Under the particular circumstances of the present case, where the trial court, after having been divested of jurisdiction, denied defendant’s motion for a new trial, the substance of which he then raised on appeal, we find a remand is proper. Before this Court, a court of review, addresses the merits of an issue that the trial court improperly considered, in light of due process considerations, defendant is entitled to have those merits considered by a trial court properly vested with jurisdiction. Although equitable considerations of judicial economy are as pertinent here as in other cases, this case is distinguishable because it presents a definite issue of due process concern. Under such circumstances, we find that defendant’s due process rights should not yield to equitable considerations of judicial economy. Consequently, we are constrained to vacate the sentences imposed on defendant ... and remand this matter to the trial court to |firule on defendant’s motion for a new trial, and, if denied, to resentence defendant.”
1 later decision quote this exact passage“1. Extend the return day of the appeal, the time for filing assignments of error, or the time for filing per curiam comments in accordance with Articles 844 and 919. 2. Correct an error or deficiency in the record. 3. Correct an illegal sentence or take other appropriate action pursuant to a properly made or filed motion to reconsider sentence. 4. Take all action concerning bail permitted by Title VIII. 5. Furnish per curiam comments. 6. Render an interlocutory order or a definitive judgment concerning a ministerial matter not in controversy on appeal. 7. Impose the penalty provided by Article 844. 8. Sentence the defendant pursuant to a conviction under the Habitual Offender Law as set forth in R.S. 15:529.1.”
1 later decision quote this exact passage“the right to appeal his conviction and sentence.”
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.