State v. Augustine’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * There is nothing in the statute requiring that an accused be kept under constant observation for any fixed period of time, and the legislature has not therein attempted to dictate to these experts the manner and method to be employed by them in conducting their examination, undoubtedly feeling, as do we, that they are eminently better qualified to know just exactly how to best carry out their duty in this respect as the particular facts of ■ each case may warrant. * * * ” State v. Faciane, 233 La. 1028 , 99 So.2d 333 . “ * * * Under our law the judge is given the exclusive responsibility of ultimately determining the mental capacity of an accused under a plea of present insanity, subject to review-only by this court, and the jurisprudence is to the effect that anyone asserting an abuse of that discretion has the burden of establishing it. * * * ” State v. Faciane, supra; State v. Rogers, 241 La. 841 , 132 So.2d 819 . “The question of the present sanity of the accused is to be determined solely by the trial judge, subject to review by this Court. * * * ” State v. Augustine, 241 La. 761 , 131 So.2d 56 .”

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

2. ““Although the provisions of LSA-R.S. 15:269 requiring the filing of the report within thirty days and the jurisprudence requiring that it be available to ■ counsel prior to trial are mandatory if insisted upon by the party having a right to make that demand, it does not follow that such a right cannot be waived or renounced. When defendant permitted the trial to proceed without requiring the report prior thereto, or without asking for a continuance until :it could be furnished, he acquiesced in the proceedings and could not object subsequently, at a later stage of the trial, if the physicians appointed by the Court testified in rebuttal to facts which defendant had himself sought to prove.””

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

3. ““If an accused person may waive his right to have a copy of the indictment and the list of jurors served upon him, or waive arraignment and trial by jury in certain cases, and he can under repeated rulings of this court, he may likewise waive his right to have the prosecuting officer make an opening statement as provided by article 333 of the Code of Criminal Procedure. Under the settled jurisprudence of this state, the going to trial by a defendant without insisting that such formalities be complied with is considered a waiver of the right conferred. Our holding, therefore, is that these accused, having gone to trial without objection, waived their right to have the statement made.””

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