360 So. 2d 822 - State v. Berain’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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Louisiana Code of Criminal Procedure Article 877 provides that the pre-sentence investigation report utilized by the judge in imposing sentence is privileged. `Before imposing sentence the court may advise the defendant or his counsel of the factual contents and conclusions of any pre-sentence investigation report.' LSA-C.Cr.P. art. 877. In State v. Underwood, La., 353 So.2d 1013 (1977), this Court vacated the defendant's sentence due to the trial court's error in not allowing defense counsel access to the pre-sentence report and an opportunity to rebut a false statement in it. That holding is inapplicable to the present situation. In Underwood , there was proof that the pre-sentence report was materially and prejudicially false. Here, there is no such proof or allegation. Moreover, the record does not contain a request by the defense for the report. Absent such a request, we find no error. State v. Norris, La., 347 So.2d 225 (1977)." See also La.Code Crim.Pro. arts. 875-76; La.Rev.Stat. 15:574.12.”

   2 later decisions quote this exact passage
   e.g. State v. Countee · 364 So. 2d 978 - State v. Boone

2. “"The state and the defendant shall have the right before argument to submit to the court special written charges for the jury. Such charges may be received by the court in its discretion after argument has begun. The party submitting the charges shall furnish a copy of the charges to the other party when the charges are submitted to the court. A requested special charge shall be given by the court if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent. It need not be given if it is included in the general charge or in another special charge to be given." The charges in question read as follows: "Special Requested Charge No. 2 "Specific intent, which is an essential ingredient or element of the offense with which the defendant at the bar is charged, is a particular state of mind, a determination, not merely to perform some criminal act, but to attain some fixed end which end would constitute the corpus delicti of the very offense charged; and specific intent is of larger and more comprehensive scope than general intent. `Specific intent' comprehends more than a mere decision to do some unlawful act or acts, it is a thought out design to effect a definite result, a fixed direction of the mind to a particular goal; a contemplation of the particular consequence which would constitute the identical crime charged, combined with an expectation and intention to accomplish that precise effect. . . . . . Special Requested Charge No. ”

   1 later decision quote this exact passage
   e.g. 419 So. 2d 881 - State v. Edwards

3. “"... For purposes of this article, the term `inculpatory statement' refers to defendant's out-of-state admission made after a crime has taken place which implicates defendant in its commission. State v. Brumfield, 329 So.2d 181 (La.1976); State v. Wells, 306 So.2d 695 (La.1975)...."”

   1 later decision quote this exact passage
   e.g. 388 So. 2d 713 - State v. Baylis