28 So. 3d 548 - State v. Lewis’s Empirical Analysis

Citation profile

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

1. “While a preliminary examination can act as a discovery technique, the law does not treat it as such. The primary function of a preliminary examination is to determine whether probable cause exists to hold the defendant for - the charged offense or a lesser included one. State v. Mayberry, 457 So.2d 880 (La. App. 3 Cir. 10/10/84). The State need only present a prima facie case. If the evidence does not support probable cause, the courj; must order the defendant’s release from custody or bail. This is not a judicial dismissal of the case and the State may still proceed against the defendant. As noted in State v. Sterling, 376 So.2d 103 (La.1979): [A] preliminary examination does not determine the validity of the charge brought against a defendant, but rather determines whether or not there is probable cause to deprive the defendant of his liberty. See State v. Jenkins, 338 So.2d 276 (La.1976). Id., 376 So.2d at 104 . A conviction renders moot any claim of an improper denial of a preliminary examination. State v. Jackson, 2001- 1268 (La.App. 4 Cir. 2/6/02), 809 So.2d 1127 citing State v. Washington, 363 So.2d 509 (La.1978) and State v. Mayberry, 457 So.2d 880 (La.App. 3 Cir. 1984).”

   1 later decision quote this exact passage
   e.g. 201 So. 3d 379 - State v. Williams