39 So. 3d 692 - State v. Robinson’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the brief filed by counsel, the defendant claims that the record is deficient concerning the defendant’s competency and, therefore, his conviction and sentence should be set aside and the matter remanded for further hearings and/or a new trial. The defendant argues that, while the May 15, 2008 minute entry suggests that the defendant was found competent to stand trial, the May 15, 2008 transcript does not reflect a clear resolution on the defendant’s competency. The defendant claims that the May 15, 2008 transcript, that cannot be further supplemented because of an equipment malfunction, is deficient on the trial court’s determination of the defendant’s competency to stand trial. In addition, the defendant argues that the May 14, 2008 letter from Doctors Salcedo and Richoux concerning the defendant’s competency, which was sent as an exhibit with the supplement to the appellate record, does not indicate that the letter addressed to the trial judge at the courthouse was ever received because it is not stamped by the Clerk’s Office for the Twenty-Fourth Judicial District Court. The record also does not reflect that the trial judge personally received or reviewed the May 14, 2008 letter. The defendant contends that, after the trial judge found that a bona fide question had been raised regarding the defendant’s 17competency, certain procedures had to be followed which the trial judge failed to do. The defendant admits that the record reflects that two doctors evaluated the defe”

   1 later decision quote this exact passage
   e.g. 89 So. 3d 510 - State v. Tyler

2. “In the present case, we find, based upon the decisions in State v. Nomey, State v. Perkins [ 759 So.2d 334 (La.App. 5 Cir.2000)], State v. Seals [State ex rel. Seals v. State, 831 So.2d 828 (La.2002)], State v. Strain, supra [ 972 So.2d 1184 (La.App. 2 Cir.2007)], that all proceedings after the appointment of the sanity commission, including the defendant’s conviction and sentence, should be vacated because the record does not indicate that the trial judge ruled on the defendant’s competency to proceed and the facts of this case do not allow for a retroactive competency hearing. In addition, we find, as the Louisiana Supreme Court found in State v. Nomey, supra, that this is the type of situation that LSA-C.Cr.P. art. 642 was designed to prevent. As the Louisiana Supreme Court found in State v. Nomey, supra, the fact that the defendant was competent to proceed based on the report of the sanity commission misses the point because, regardless of whether a retro active determination of sanity could be made, the defendant was deprived of statutory protective procedures prior to his conviction and, therefore, he was deprived of his due process rights. State v. Nomey, 613 So.2d at 161 . Thus, we vacate the defendant’s conviction and sentence for simple burglary of a vehicle, and remand the case to the trial court and order that no further steps in the prosecution be taken until the defendant is evaluated, a hearing is conducted, and the trial judge rules on the defendant’s capacity”

   1 later decision quote this exact passage
   e.g. 89 So. 3d 510 - State v. Tyler