State v. Scott’s Empirical Analysis

Citation profile

2 federal appellate · 40 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The burden of establishing that an applicant cannot obtain a fair trial in the parish where the crime was committed rests with him. The test is whether there can be secured with reasonable certainty from the citizens of the parish a jury whose members will be able to try the case on the law and evidence, uninfluenced by what they may have heard of the matter and who will give the accused full benefit of any reasonable doubt arising either from the evidence or the lack of it. . . . The power to grant a change of venue rests in the sound discretion of the trial judge, whose ruling will not be disturbed in the absence of a showing of clear abuse thereof."”

   3 later decisions quote this exact passage · from the majority
   e.g. 803 So. 2d 1 - State v. Frank · 315 So. 2d 307 - State v. Bell

2. ““R.S. 14:42 provides that the offense of aggravated rape is committed under any one or more of the following circumstances: (1) where the female’s resistance is overcome by force; (2) where she is prevented from resisting by threats of great and immediate bodily harm accompanied by the apparent power of execution and (3) where she is under the age of 12 years. If the motion for the bill of particulars filed by appellant had specifically requested this information, there is no doubt that the judge would have been obliged to order the State to furnish it, in view of our decision in State v. Holmes, 223 La. 397 , 65 So.2d 890 , where it was held that, in a prosecution under the short form for a crime which may be committed in several designated ways, the accused is entitled, upon his request, to be informed of the specific way or ways relied on by the State”.”

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

3. ““ * * * There is no showing whatever by appellant that there was a practice in the past of including a token number of Negroes on the venire and, indeed, nothing from which the conclusion could be drawn of a planned exclusion, the testimony being that all jurors are selected for service without any discrimination as to their race or color. The motion was, therefore, properly overruled. Eubanks v. State of Louisiana, 356 U.S. 584 , 78 S.Ct. 970 , 2 L.Ed.2d 991 ; State v. Fletcher, 236 La. 40 , 106 So.2d 709 and State v. Coleman, 236 La. 629 , 108 So. 2d 534 .””

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