State v. Augustine’s Empirical Analysis
1972
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently March 2008 · most notably 555 So. 2d 1331 - State v. Augustine (1990), 275 So. 2d 405 - State v. Johnson (1973)
40 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Douglas
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If a defendant is convicted of a felony, at least three days shall elapse between conviction and sentence. If a motion for a new trial, or in arrest of judgment, is filed, sentence shall not be imposed until at least twenty-four hours after the motion is overruled. If the defendant expressly waives a delay provided for in this article or pleads guilty, sentence may be imposed immediately.””
11 later decisions quote this exact passage · from the majority“"* * * La.C.Cr.P. Art. 13 governs the computation of time for delays or other acts under this Code. Pertinently to the present issue, this article provides that `the date of the act, event or default after which the period begins to run is not to be included' in computing a three-day delay (although, if not a holiday, `the last day of the period' is to be included). The date of the sentencing was May 24, 1971. Since the delay began to run on this date, it is not to be included. Article 873 provides that `at least three days shall elapse between the conviction and sentence'. The general rule is that the use of the word `between' in designating a period of time, bounded by two specified dates or events, excludes both terminal dates, 86 C.J.S. `Time' § 13(6) (citing decisions from three states and referring to an old footnote at 62 C.J. 897 citing decisions from eleven states), although general rule need not be followed where a statute specifies otherwise . . ."”
1 later decision quote this exact passage · from the majority“"This provision is for the purpose of affording an opportunity to an accused who has been convicted to file, prior to sentence, further pleadings, such as a motion for a new trial, a motion in arrest of judgment, etc., and, if he is denied the right to this delay, any sentence so imposed is void."”
1 later decision quote this exact passage · from the majority
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.