State v. Paternostro’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well established that an accused has a right to have the question of jurisdiction tested before going to trial but when he does not see fit to question the jurisdiction of the court and submits the question of venue to the jury it becomes a question of fact and the sufficiency of the evidence relating to same cannot be inquired into on appeal. It is only where there is no evidence produced on the trial of a fact essential to a conviction that same may be inquired into. It is well established that the sufficiency of evidence regarding the guilt or innocence of accused will not be inquired into on appeal. State v. Sawyer, 220 La. 932 , 57 So.2d 899 ; State v. Haddad, 221 La. 337 , 59 So.2d 411 . It would be only logical to conclude that this same rule should apply when the question of venue is submitted to the jury.””

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

2. “The district attorney is not required to give in minute detail all of the evidence he intends to produce or the name of each witness he intends to place on the stand. * * * It is sufficient for the district attorney to explain in his opening statement the nature of the charge and the purport of the evidence by which he expects to establish same.”

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