134 So. 3d 636 - State v. Stewart’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. In any case where an offender is to be sentenced to life imprisonment for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S. 14:30.1) ■ where the offender was under the age of eighteen years at the time of the commission of the. offense, a hearing shall be conducted prior to sentencing to determine whether the sentence shall be imposed with or without parole eligibility pursuant to the provisions of R.S. 15:574.4(E). B. At the hearing, the prosecution and defense shall be allowed to introduce any aggravating and mitigating evidence that is relevant to the charged offense or the character of the offender, including but not limited to the facts and circumstances of the crime, the criminal history of the offender, the offender’s level of family support, social history, and such other factors as the court may deem relevant. Sentences imposed without parole eligibility should normally be reserved for the.worst offenders and the worst cases. . •”

   2 later decisions quote this exact passage · from the majority
   e.g. 171 So. 3d 1223 - State v. Davis · 182 So. 3d 983 - State v. Ross

2. “E. (1) ■ Notwithstanding any provision of law to the' contrary, any person serving a sentence of life imprisonment for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eigh-. teen years at the timé of the commission of the offense shall be eligible for parole consideration pursuant to the provisions of this Subsection if a judicial determination has been made that the person is entitled to parole eligibility pursuant to Code of Criminal Procedure Article 878.1 and all of the following conditions have been met: (a) The offender has served thirty-five years of the sentence imposed. (b) The offender has not committed any disciplinary' offenses in the twelvé consecutive months prior to the parole eligibility date. (c) The offender has ■ completed the mandatory minimum of one hundred hours of prerelease programming in accordance with R.S. 15:827.1, (d) The offender has completed substance abuse treatment as applicable. (e) The offender has obtained a GED certification, - unless the offender has previously obtained a high school diploma or is deemed by a certified educator as being incapable of obtaining a GED certification due to a learning disability. If the offender is deemed incapable of obtaining a GED certification, the offender shall complete at least one of the following: lii(i) A literacy program. (ii) An adult basic education program. (iii) A job skills training program. (f) The offender has obtained a low-ri”

   1 later decision quote this exact passage · from the majority
   e.g. 182 So. 3d 983 - State v. Ross