State v. Labat’s Empirical Analysis

Citation profile

3 federal appellate · 55 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““First of all, when the United States Supreme Court in 1955 refused to set aside the convictions and sentences based upon petitioners’ contentions that the grand jury which had indicted them was improperly constituted, it based its judgment on the fact that under Louisiana law, LSA-R.S. 15:202, all objections to the manner of selecting or drawing any juror or jury, or to any defect or irregularity that could be pleaded against any array or venire must be filed, pleaded, heard, or urged before the expiration of the third judicial day of the term for which said jury shall have been drawn, or before entering upon the trial of the case if it be begun sooner and that if such objections are not made, all such objections shall be considered as waived. 2 No such objection was made by petitioners to either the composition of the grand jury or the petit jury within the time allowed by Louisiana law. In the course of its opinion, the United States Supreme Court said: ‘It is beyond question that under the Due Process Clause of the Fourteenth Amendment Louisiana may attach reasonable time limitations to the assertion of federal constitutional rights. * * * “No procedural principle is more familiar to this Court than that a constitutional right may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right.” * * * Poret’s case affords a perfect illustration of the necessity for prompt determination of claims such as he raises here. Five years have ”

   1 later decision quote this exact passage · from the majority
   e.g. McNeil v. North Carolina

2. ““It is said, if Article 202 is considered by the Court to mean that a defendant has until three judicial days after the expiration of the term of the jury to file such objections and pleas to the drawing and selecting of the jury, the venire or panel, that when the article is applied to petit juries, absurd results would follow. In short, that the accused would have three days after the expiration of the petit jury term within which to attack the petit jury or venire, although that particular petit jury or venire had gone out of legal existence by the expiration of the term. This argument is not sound because it fails to take into consideration the latter part of Article 202, which requires the defendant to file such objections and pleas before the trial begins * * *. ****** “Although in the defendant’s brief, his counsel make statements apparently conceding that Article 202 of the Code of Criminal Procedure applies to motions to quash the grand jury venire because of irregularities and illegalities, in oral argument, some doubt was expressed on the ground that the article only covered motions to quash the petit jury or venires. It will be noted that the article expressly refers to any juror or jury, any array or venire. * * * and nothing is said in Article 202 which would confine its provisions to a petit jury or petit jury venires. * * * ””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Chianelli

3. “It has repeatedly been held and is well settled that a bill of exception must state the grounds of objection or point out specifically the errors complained of in order that an opportunity may be given the trial judge to correct them, and that, if it is not sufficiently specific, it will not avail the party raising it. State v. Dorsey, 262 La. 785 , 264 So.2d 644 ; State v. Labat, 226 La. 201 , 75 So.2d 333 ; State v. Antoine, 189 La. 619 , 180 So. 465 ; State v. Green, 36 La.Ann. 185 ; State v. Carroll, 160 La. 199 , 106 So. 782 ; State v. Keifer, 165 La. 47 , 115 So. 363 .”

   1 later decision quote this exact passage · from the majority
   e.g. 278 So. 2d 17 - State v. Richmond