375 So. 2d 931 - State v. Williams’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Criminal negligence is an essential ingredient of the crime of Negligent Homicide. Criminal negligence is defined in Revised Statutes 14:12 as follows: "`Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.' "To put it in another way, the term criminal negligence means gross negligence or recklessness such as to amount to a reckless disregard for one's own safety or the safety of others and a willful indifference to the consequences liable to follow. Criminal negligence means something more than mere carelessness, mistake, error of judgment or omission of duty. It means a degree of negligence more serious or aggravated than would ordinarily give rise to civil liability. It is more than the mere omission to do something which a reasonable and prudent man would do under the circumstances surrounding each particular case. Criminal negligence is such gross negligence or recklessness as might cause a reasonable and prudent man to expect that injury or damage to the person, property or rights of others might result from his negligent act. It is such gross negligence and recklessness as might exist if he willfully does an act when he knows it is likely or probable that injury or damage may result from the doing of the act. How”

   1 later decision quote this exact passage
   e.g. 446 So. 2d 293 - State v. Clark

2. “When a law enforcement officer requests that a person submit to a chemical test as provided for above, he shall first inform the person of the consequences of a refusal. In addition, the law enforcement officer shall have the person sign a standard form advising such person of his constitutional rights; the law enforcement officer shall have the person sign a separate form advising such person of the consequences of his refusal to submit to a chemical test, provided however that a single combination of the two forms may be used. If the person is unable or unwilling to sign the form, the law enforcement officer shall certify that such person was informed of his constitutional rights and was unable or unwilling to sign said form. If the above procedure is not complied with, the results of the test or any reference to it is inadmissible into evidence in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of alcoholic beverages.”

   1 later decision quote this exact passage
   e.g. 446 So. 2d 293 - State v. Clark

3. “The practical effect of the mandatory presumption of being involved in a fatal vehicle accident as an intoxicated driver is to presume the criminal negligence and consequently the guilt of the defendant driver, when considered in connection with the other applicable presumption provided by La.R.S. 14:32 of criminal negligence arising from proven violation of a statute (even though we have held the latter to be merely permissive.)”

   1 later decision quote this exact passage
   e.g. 446 So. 2d 293 - State v. Clark