State v. Himel’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the state intends to introduce a confession or inculpatory statement in evidence, it shall so advise the defendant in writing prior to beginning the state’s opening statement. If it fails to do so a confession or inculpatory statement shall not be admissible in evidence.”

   2 later decisions quote this exact passage
   e.g. State v. Cleary · 316 So. 2d 372 - State v. Sneed

2. ““In applying Art. 766 of the Code of Criminal Procedure I was of the opinion that the District Attorney inadvertently substituted the name ‘Rampart’, when he meant ‘Robertson’ in referring to the address of the crime and that he, in fact, had acted in good faith. “I further failed to find that this matter either took the defense by surprise or prejudiced them in the defense of their case. It should be pointed out that neither defense counsel claimed surprise or prejudice at the time of making the objection to testimony regarding 1507 North Robertson Street. “Defense counsel in stating his reason for objecting was that the District Attorney had restricted himself in his opening statement to the facts he said he would try to establish. This Court felt that inasmuch as the opening statement of the State is to explain the nature of the charge and set forth in general terms the nature of the evidence by which the State expects to prove the said charge, it was mentioned by the District Attorney in his opening statement that the address of 1507 North Rampart Street was in the City of New Orleans. The transcript of the testimony is that the offense occurred within the jurisdiction of the Criminal District Court for the Parish of Orleans, namely: that it occurred in the City of New Orleans. Therefore, this Court in finding that the opening statement by the State properly outlined the nature of the case and the proof to be submitted and that the matter complained of and objected to in ”

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

3. ““Evidence not fairly within the scope of the opening statement of the state shall not be admitted in evidence. “If the state offers evidence that was inadvertently and in good faith omitted from the opening statement, the court, in its discretion may admit the evidence if it finds that the defendant is not taken by surprise or prejudiced in the preparation of his defense.””

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