State v. Riviere’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Obviously; paragraph (3) of LSA-R.S. 15:303, invoked by defendant contemplates and refers to the judge’s being a material witness in the actual trial of the criminal cause before the court — not a witness at a hearing to determine whether he should be recused. Accordingly, since the motion did not allege facts constituting a legal cause for recusation, the trial judge, to whom it was addressed, properly and correctly overruled it.””

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Elie · 342 So. 2d 574 - State v. Tyler

2. ““The law presumes that every man is sane. State v. Seminary, 165 La. 67 , 115 So. 370 , State v. Toon, 172 La. 631 , 135 So. 7 . And to warrant the sustaining of a plea of present insanity, thereby preventing trial of a criminal action, it must appear by a preponderance of evidence that the accused is so mentally deficient that he lacks capacity to understand the nature and object of the proceedings against him and to assist in the conducting of his defense in a rational manner. * * * That this accused is thus incapacitated is not made to appear by any of the evidence adduced— * * * Rather, there is a substantial disclosure to the contrary. We are unable to conclude, consequently, that the judge erred in declaring him presently sane.””

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