State v. Houston’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. “• (A)(1) Undue risk that during suspended sentence, Brandon would commit another crime. hi* (A)(2) Brandon is in need of correctional treatment. • (A)(3) A lesser sentence would deprecate the seriousness of the crime. • (B)(1) Brandon’s conduct during the commission of the offense manifested deliberate cruelty to C.H. Specifically, “this particular act was one that the victim had particularly expressed an aversion to and an unwillingness to perform even in the confines or context of the consensual sexual relationship.” • (B)(6) Brandon used threats of or actual violence in the commission of the offense. • (B)(10) Brandon used a dangerous weapon in the commission of the offense. • (B)(21) Any other relevant aggravating circumstances. The court noted, “The implication of and the involvement of dragging the victim into the presence of another person to assault them in this way. This is particularly aggravating ... and of course it is also a betrayal of the relationship that existed between the defendant and the victim in this case.” • (B)(28) Brandon has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the instant crime: Brandon has one prior felony conviction, which is not indicative of an extensive criminal history. • (B)(33) Any other mitigating circumstances: Brandon has a history of mental health issues.”

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

2. “A. (1) Except as modified by Subparagraphs (a) and (b) of this Paragraph, or as provided by Subsections B and C of this Section, on a conviction of a fourth or subsequent offense violation of R.S. 14:98, regardless of whether the fourth offense occurred before or after an earlier conviction, the offender shall be fined five thousand dollars and imprisoned, with or without hard labor, for not less than ten years nor more than thirty years. Two years of the sentence of imprisonment shall be imposed without benefit of parole, probation, or suspension of sentence. Except in compliance with R.S. 14:98.5(B)(1), the mandatory minimum sentence cannot be served on home incarceration.”

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