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← 26 So. 3d 845 - State v. Brown

26 So. 3d 845 - State v. Brown’s Empirical Analysis

2009

Citation profile

3
cited by 3 later decisions
1
states following
March 2012
most recently cited

3 state decisions

Relationships

Relies on Jackson v. Virginia · 448 So. 2d 676 - State v. Captville · 796 So. 2d 649 - State v. Neal · 292 So. 2d 216 - LeBrane v. Lewis · 673 So. 2d 994 - Baumeister v. Plunkett

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

  1. “was employed by the United States Army and had served in Iraq. He has also been accepted into his local police academy and was scheduled to begin his employment the day after the shooting.” . Although Mr. Brown in his brief represents that he opposed the introduction of the entire transcript of the criminal trial, he does not assign as error the trial court's decision to allow the entire transcript to be considered on the motion for summary judgment. . Although the trial court’s judgment is certified as final, the judgment dismisses a party and thus, by definition, is final without being designated as such. La. C.C.P. art. 1915 A(l). . For purposes of the motion for summary judgment it is taken as true that Deputy Martin was acting within the course and scope of his employment with Central Parking. . We note that in 2006, the Legislature provided by statute, that "any person who uses reasonable and apparently necessary or deadly force to prevent a forcible offense against the person or his property, in accordance with La. R.S. 14:19 or 20 (criminal provisions governing self defense and justifiable homicide), is immune from civil action for the use of such force.”
    1 later decision quote this exact passage
  2. “The deputies’ [Deputy Martin’s and Deputy Wilson’s] testimony reflects that customers reported to the cashier that the defendant [Mr. Brown] was belligerent, hostile, and appeared to have been drinking, and he was running around the parking lot with a gun. Deputy Martin approached the defendant [Mr. Brown], and the defendant [Mr. Brown] pulled a gun from his waistband. Deputy Martin took cover behind a parked vehicle and Deputy Wilson provided backup. The testimony of the deputies as well as that of an observing, off-duty deputy [Deputy Gibson] reflects that the defendant [Mr. Brown] pointed the gun at Deputy Martin. Deputy Martin testified that after making repeated attempts to calm him, the defendant [Mr. Brown] continued to resist his efforts. The defendant [Mr. Brown] grew increasingly belligerent, yelling expletives and racial slurs. Deputy Martin ordered the defendant [Mr. Brown] to drop his weapon and he refused. Deputy Martin then fired shots at the defendant [Mr. Brown]. The 911 supervisor authenticated the tape of the 911 call received in connection with the incident, in which a code 108, “officer needs assistance,” request was made.”
    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.