175 So. 3d 1192 - State v. Watson’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Manslaughter is [a] homicide which would be [first or second degree murder], but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection.”

   2 later decisions quote this exact passage
   e.g. State v. Guillory · State v. Burton

2. “Louisiana Revised Statutes 14:30.1 provides that the punishment for second degree murder is life imprisonment without the benefit of parole, probation, or suspension of sentence. Quoting State v. Williams , 445 So.2d 1264 , 1269 (La.App. 3 Cir.), writ denied , 449 So.2d 1346 (La.1984), the State in the instant case noted that "[i]t is 'an exercise in futility' for a trial court to consider sentencing factors when imposing a mandatory sentence when the trial court [has] no discretion in sentencing a defendant." Moreover, while discussing the possibility of a downward departure from a mandatory life sentence for second degree murder, in State v. Runyon , 05-36, p. 33 (La.App. 3 Cir. 11/2/05), 916 So.2d 407 , 429-30, writ denied , 06-1348 (La. 9/1/06), 936 So.2d 207 , and writ denied , 06-667 (La.11/17/06), 942 So.2d 526 , this court noted: Citing State v. Dorthey , 623 So.2d 1276 (La.1993), and State v. Sepulvado , 367 So.2d 762 (La.1979), [defendant] contends that his mandatory life sentence for a second-degree murder conviction is too severe and that he should either be resentenced or a more appropriate sentence should be imposed by this court. In State v. Paddio , 02-722, pp. 16-17 (La.App. 3 Cir. 12/11/02) , 832 So.2d 1120 , 1131, writ denied , 03-402 (La. 2/13/04), 867 So.2d 682 (citations omitted), this court discussed the imposition of life sentences under La.R.S. 14:30.1, stating: [A] court may depart from a minimum sentence only if it finds that there is clear and conv”

   1 later decision quote this exact passage
   e.g. State v. Kight

3. “Generally, arguments do not suffice to reduce.a murder to manslaughter. State v. Miller, 98-642. (La.App, 3 Cir. 10/28/98), 720 So.2d 829 , writ denied, 98-3119 (La. 5/14/99), 741 So.2d 659 . Additionally, ... “[m]ere words or gestures, however offensive or insulting, will not reduce homicide from murder to manslaughter.” State v. Mitchell, 39,202, p. 12 (La.App. 2 Cir. 12/15/04), 889 So.2d 1257, 1263 , writ denied, 05-132 (La. 4/29/05), 901 So.2d 1063 .”

   1 later decision quote this exact passage
   e.g. State v. Guillory