State v. Pernell’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[he] is exceptional, which in this context means that because of unusual circumstances this defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case.”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Neely · 245 So. 3d 15 - State v. Brazell

2. “"The importance of a full evidentiary hearing in the district court on a claim of excessiveness can hardly be overstated." Conner , 09-1023, p. 5 , 30 So.3d at 1135 n. 4. "The only opportunity for review of the sentencing decision is on direct appeal as there is no post-conviction review available on such claim." Id. (citing State ex rel. Melinie v. State , 93-1380 (La. 1/12/96), 665 So.2d 1172 ( per curiam ) ). "Moreover, ... there is no post-conviction review available for ineffective assistance of counsel at sentencing claims." Id. (citing State v. Thomas , 08-2912 (La. 10/16/09), 19 So.3d 466 ). Thus, as all other avenues of review are unavailable, a sentencing judge should permit a defendant to introduce evidence and substantiate his claim at the hearing on the motion, because, in the absence of evidence, there is nothing for this Court to review of appeal. See id. , 09-1023, p. 5, 30 So.3d at 1135 (citing State v. Allen , 09-0813, p. 6 (La. App. 4 Cir. 1/13/10), 30 So.3d 1024 , 1027 ).”

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

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 · from the majority
   e.g. 245 So. 3d 15 - State v. Brazell