189 So. 3d 605 - State v. Fallon’s Empirical Analysis
2016
Citation profile
4
cited by 4 later decisions
1
states following
December 2018
most recently cited
4 state decisions
Relationships
Relies on McKay v. Jobin · Anchors v. United States · State v. Cook · 404 So. 2d 1205 - State v. Campbell · State ex rel. Clark v. State
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.
“La. Const, art. I, § 20 guarantees that, “[n]o law shall subject any person to cruel or unusual punishment.” To constitute an excessive sentence, the reviewing court must find the penalty so grossly disproportionate to the severity of the crime as to shock our sense of justice or that the sentence makes no measurable contribution to acceptable penal goals and is, therefore, nothing more than a needless imposition of pain and suffering. State v. Campbell, 404 So.2d 1205 (La.1981). The trial court has wide discretion in the imposition of sentence within the statutory limits and such sentence shall not be set aside as excessive absent a manifest abuse of discretion. State v. Etienne, 99-192 (La.App. 3 Cir. 10/13/99) ; 746 So.2d 124 , writ denied, 00-0165 (La.6/30/00); 765 So.2d 1067 . The relevant question is whether the trial court abused its broad sentencing | n discretion, not whether another sentence might have been more appropriate. State v. Cook, 95-2784 (La. 5/31/96); 674 So.2d 957 , cert. denied, 519 U.S. 1043 , 117 S.Ct. 615 , 136 L.Ed.2d 539 (1996).”
2 later decisions quote this exact passage“[M]aximum sentences are generally reserved for the worst offenders and the worst offenses.”
2 later decisions quote this exact passage“'[A] trial judge lacks authority under La.R.S. 15:571.3(C) to deny a defendant eligibility for good time credits against his sentence, because that statute is”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.