131 So. 3d 121 - State v. Martin’s Empirical Analysis
2013
Citation profile
6
cited by 6 later decisions
1
states following
October 2018
most recently cited
6 state decisions
Relationships
Relies on Jackson v. Virginia · Sullivan v. Louisiana · 448 So. 2d 676 - State v. Captville · 488 So. 2d 965 - State v. Rosiere · 796 So. 2d 649 - State v. Neal
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"An assignment of error based on the refusal of the trial court to grant a new trial on grounds that the verdict was contrary to the law and evidence presents nothing for appellate review.” State v. Gray, 351 So.2d 448, 461 (La. 1977). However, in State v. Guillory, 10-1231, pp. 3-4 (La. 10/8/10), 45 So.3d 612, 615 , the Supreme Court determined that a grant or denial of a motion for new trial pursuant to La. [code Crim. Proc. art.] 851(5) presents a question of law that is subject to appellate review and is reviewed for abuse of discretion. In State v. Collins, 10-1181, pp. 11-12 (La. App. 4 Cir. 3/23/11), 62 So.3d 268, 275 , this Court noted that it was “unclear whether Guillory is limited to motions filed pursuant to [La. Code Crim. Proc.] art. 851(5) or whether it is applicable to ... motions filed pursuant to [La. Code Crim. Proc,] 851(1).” This Court, which was considering a motion for new trial based upon La. [Code Crim. Proc. art.] 851(1), wherein the verdict is allegedly contrary to the law and evidence, reviewed the evidence and concluded that the evidence supported the verdict. Collins , 10-1181, p. 12, 62 So.3d at 275 . The Court stated that "even accepting arguendo that Guillory is applicable to the denial of a motion filed pursuant to [La. Code Crim. Proc.] 851(1), the trial court clearly did not abuse its discretion in denying the motion.” Id. at 18.”
1 later decision quote this exact passage“was sufficient to authenticate the recorded conversations.”
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.