339 So. 2d 829 - State v. Smith’s Empirical Analysis

Citation profile

39 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Defendant maintains that when the death penalty was declared unconstitutional, first degree murder lost its status as a capital crime, and he should have been remanded to the custody of the juvenile court. (Cf. La.C.Cr.P. art. 933(2):" `"Capital offense" means an offense that may be punished by death'). The identical issue was raised after Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), struck down the death penalty provision of our prior first degree murder statute, La.R.S. 14:30 (1950). State v. Whatley, 320 So.2d 123 (La.1975). Whatley held that the district court retained jurisdiction over a juvenile charged with first degree murder because `as enacted, La.R.S. 14:30 (1950) constituted a legislative classification that the crime of murder constituted a capital offense, and that conduct punishable by this statute remained a "capital" crime for purposes of Louisiana law (even though Furman held that the death sentence could not actually be imposed or executed.' 320 So.2d at 125 . Defendant was charged, tried and convicted for an offense which the legislature classified as `capital,' and Roberts has no bearing upon the jurisdiction of the district court in this matter." 339 So.2d 829, 835 (La.1976).”

   2 later decisions quote this exact passage
   e.g. State v. Moore · 342 So. 2d 574 - State v. Tyler

2. ““Except as otherwise provided herein, the [juvenile] court shall have exclusive original jurisdiction in proceedings: “A. Concerning any child whose domicile is within the parish or who is found within the parish: * * * * * * “(5) Who violates any law or ordinance, except a child charged with having committed a capital crime or a crime defined by any law defining attempted aggravated rape after having become fifteen years of age. . . . ” (Italics ours.)”

   2 later decisions quote this exact passage
   e.g. State v. Moore · 432 So. 2d 347 - State v. Wilson

3. “* * * assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.”

   2 later decisions quote this exact passage
   e.g. 398 So. 2d 1074 - State v. LaFleur · 417 So. 2d 518 - State v. Interest of Anderson