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← 341 So. 2d 876 - State v. Delpit

341 So. 2d 876 - State v. Delpit’s Empirical Analysis

1977

Citation profile

10
cited by 10 later decisions
1
states following
October 2017
most recently cited

10 state decisions

How this case has been cited

Cited by 10 later decisions — most recently October 2017

10 state decisions

4019771980199020002010decided

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 Lorio v. Kaizer · State v. Taylor · State v. George · Reed v. City of New Orleans

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

  1. “The defendant may withdraw a plea of "not guilty" and enter a plea of "not guilty and not guilty by reason of insanity," within ten days after arraignment. Thereafter, the court may, for good cause shown, allow such a change of plea at any time before the commencement of the trial.”
    3 later decisions quote this exact passage
  2. “not guilty and not guilty by reason of insanity”
    3 later decisions quote this exact passage
  3. “We 1 think the judge was in error and clearly abused his discretion under the facts and circumstances here presented. In the first place, the testimony given by the coroner (although not a psychiatrist, he was shown to have some psychiatric training), that this appellant was schizophrenic, a well-known form of insanity (see Webster’s New International Dictionary, 2nd Ed., page 2235), was sufficient in itself to justify the granting of the motion for a change of plea. And when it is considered that the medical opinion of the coroner is supported by the factual testimony of the sheriff, which was taken on the motion - for the appointment of a sanity commission, and that defense counsel also offered to produce the evidence of an inmate, who had been confined, in jail with appellant, .to the same, effect,- we wonder how,much more and. what additional type of evidence would have been required by the judge to establish good cause for the changing of a plea. But, beyond-this, we believe the judge should have given serious consideration to two other-factors involved. Initially, appellant was on trial for his life and, this alone, in the absence of a showing by the State that the plea was being filed solely for delay, might have been sufficient to warrant relaxation of strict adherence to the procedural rule provided by Article 561 which, according to the official comment of the redactors, was enacted to obviate the practice of dilatory tactics by defendants in criminal cases. Moreove”
    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.