208 So. 3d 898 - State v. Bennett’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A sentence may be excessive, even if it falls within the statutory guidelines, "if the punishment is so grossly disproportionate to the severity of the crime that it shocks the sense of justice and serves no purpose other than to inflict pain and suffering." State v. Oliphant , 48,998 (La.App. 2 Cir. 4/9/14), 137 So.3d 142 , 144. In State v. Thomas , 08-1358 (La.App. 3 Cir. 5/6/09) , 18 So.3d 127 , 130, this Court stated the standard of review for an excessiveness claim: The trial judge is given a wide discretion in the imposition of sentences within the statutory limits, and the sentence imposed by him should not be set aside as excessive in the absence of a manifest abuse of discretion. A trial judge is in the best position to consider the aggravating and mitigating circumstances of a particular case, and therefore, is given broad discretion in sentencing. On review, an appellate court does not determine whether another sentence may have been more appropriate, but whether the trial court abused its discretion. In reviewing the trial judge's sentencing decision there are three factors to be considered: (1) the nature of the crime; (2) the nature and background of the offender; and (3) the sentence imposed for similar crimes by the same court and other courts. State v. Morris , 10-1278 (La.App. 3 Cir. 5/4/11) , 63 So.3d 389 , 391. Although comparison with other cases is an element of sentence review, "the focus of sentence review remains on the character and propensities of t”

   1 later decision quote this exact passage
   e.g. 240 So. 3d 301 - State v. Gordon

2. “Whoever commits the crime of vehicular homicide ... shall be imprisoned with or without hard labor for not less than five years nor more than thirty years. At least three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.”

   1 later decision quote this exact passage
   e.g. 240 So. 3d 301 - State v. Gordon