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← 259 SO3D 1089 - State v. Turner

State v. Turner’s Empirical Analysis

2018

Citation profile

2
cited by 2 later decisions
1
states following
June 2019
most recently cited

2 state decisions

Relationships

Relies on North Carolina v. Pearce · State v. Dorthey · 709 So. 2d 672 - State v. Johnson · 839 So. 2d 1 - State v. Smith · State v. Williams

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

  1. “an appellate court must determine first whether the trial court adequately complied with the statutory guidelines in La. C.Cr.P. art. 894.1. State v. Martin , [20]13-0628, p. 17 (La. App. 4 Cir. 5/28/14), 141 So.3d 933 , 944. If the appellate court finds adequate compliance with La. C.Cr.P. art. 894.1, then it must determine whether the sentence imposed is too severe in light of the particular defendant and the circumstances of the case, "keeping in mind that maximum sentences should be reserved for the most egregious violators of the offense so charged." State v. Batiste , [20]06-0875, p. 18 (La. App. 4 Cir. 12/20/06), 947 So.2d 810 , 820 (quoting State v. Landry , [20]03-1671, p. 8 (La. App. 4 Cir. 3/31/04), 871 So.2d 1235 , 1239 ). "The appellate court shall not set aside a sentence for excessiveness if the record supports the sentence imposed." La. C.Cr.P. art. 881.4. Moreover, "[a] trial judge has broad discretion when imposing a sentence and a reviewing court may not set a sentence aside absent a manifest abuse of discretion." State v. Hackett , [20]13-0178, p. 14 (La. App. 4 Cir. 8/21/13), 122 So.3d 1164 , 1174 (quoting State v. Smith , [20]01-2574, pp. 6-7 (La. 1/14/03), 839 So.2d 1 , 4.). "On appellate review of a sentence, the relevant question is not whether another sentence might have been more appropriate but whether the trial court abused its broad sentencing discretion." Id.”
    1 later decision quote this exact passage
  2. “[a] sentence is unconstitutionally excessive when it imposes punishment grossly out of proportion to the severity of the crime, makes no measurable contribution to acceptable goals of punishment, or constitutes nothing more than needless infliction of pain and suffering.”
    1 later decision quote this exact passage
  3. “On appellate review of a sentence, the relevant question is not whether another sentence might have been more appropriate but whether the trial court abused its broad sentencing discretion.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.