157 So. 3d 798 - State v. Thacker’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La. 1981). It is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See Graffagnino, 436 So.2d at 563 , citing State v. Richardson, 425 So.2d 1228 (La.1983). To obtain a conviction, the elements of the crime must be proven beyond a reasonable doubt. State v. Thacker, 13-516, p. 5 (La.App. 3 Cir. 1/28/15), 157 So.3d 798, 804 (quoting State v. Freeman, 01-997, pp. 2-3 (La. App. 3 Cir. 12/12/01), 801 So.2d 578, 580 ).”

   2 later decisions quote this exact passage
   e.g. 217 So. 3d 470 - State v. Purvis · 188 So. 3d 409 - State v. Shaikh

2. “The Defendant, Therand Guy Thack-. er, was charged in an indictment filed on February 23, 2012, [and then amended] with the following eleven counts: 1) aggravated rape, a violation of La.R.S. 14:42 [date of alleged offense was January 2003 to December 2005]; 2) aggravated rape, a violation of La.R.S. 14:42 [date of alleged offense was January 1999 to December '2002]; 3) attempted aggravated rape, a violation of La.R.S. 14:42 and La.R.S. 14:27 [date of alleged offense was January 1997 to December 1999]; 4) aggravated incest, a violation of La.R.S. 14:78.1 [date of alleged offense September 21, 1998 to January 4, 2012]; 5) aggravated incest, a violation of La.R.S. 14:78.1 [date of alleged offense September 21, 1998 to January 4, 2012]; 6) aggravated incest, a violation of La.R.S. 14:78.1 [date of alleged offense September 21, -1998 to January 4, 2012]; 7), aggravated incest,, a violation of La.R.S. 14:78.1 [date of alleged offense September 21, 1998 to January 4, 2012]; 8) aggravated incest, a violation of'La.R.S. 14:78.1 [date of alleged offense September 21, 1998 to January 4, 2012]; 9) aggravated incest, a violation of La.R.S. 14:78.1 [date of alleged offense September 21, 1998 to January 4, 2012]; 10) intimidating a witness,, a violation of La.R.S. 14:129.1; and 11) obstruction of justice, a violation of La.R.S. 14:130.1. The Defendant was arraigned on March 2, 2012, and entered a plea of not guilty. On March 27, 2012, the State filed an amended indictment. Jury selection c”

   1 later decision quote this exact passage
   e.g. 187 So. 3d 552 - State v. Thacker

3. “According to the charging instrument, the Defendant committed count one of aggravated rapé between January 2003 and December 2005 and count two of aggravated rape between January 1999 and December 2002, and C.D. was listed as the victim on each count. The jury, found the Defendant guilty of the responsive verdict of sexual battery on each count. . One of the incidents that C.D. testified to that fits the definition of sexual battery occurred when she was six years old. C.D. testified her date of birth was June 26, 1996. Given C.D.’s date of birth, that incident would have occurred sometime between June 2002 and June '2003. If this incident is used for one of the sexual battery convictions, the sentencing range in éfféct at that time was not more than ten years with or without hard labor without the benefit of parole, probation, or suspension of sentence. There are several other incidents that C.D. testified to that fit the definition of ■sexual battery; however, two of the incidents, as discussed below, may have occurred outside the date ranges specified in the charging instrument for the sexual battery counts, and several of lathe incidents definitely occurred outside the date ranges specified in the charging instrument for the sexual' battery counts. Additionally, with respect to two of the incidents, it is unclear whether the 2006 amendment to La.R.S. 14:43.1 applies. As noted in the sufficiency review, C.D. testified that she was “maybe about 10” when the Defendant put he”

   1 later decision quote this exact passage
   e.g. 187 So. 3d 552 - State v. Thacker