403 So. 2d 1230 - State v. Lemoine’s Empirical Analysis
1981
Citation profile
14
cited by 14 later decisions
2
states following
April 1995
most recently cited
14 state decisions
Relationships
Relies on Jackson v. Virginia · Hazelwood School District v. United States · State v. Edwards · State v. Landry · State v. Morgan
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In State ex rel. Palermo v. Hawsey, supra , this court reversed a reckless operation of a vehicle conviction where the defendant was spinning his wheels while accelerating out of a parking lot. This court made the following comment in reversing the conviction. `But we find no evidence in the record that defendant was speeding, weaving in his lane, crossing the center line, or giving any other indication he was operating his vehicle recklessly or in violation of any other traffic provision.' Defendant suggests that this language is significant in urging that he was not guilty of careless and reckless driving. The description of conduct listed in the comment should not be taken as an exclusive listing of the modes by which one may violate LSA-R.S. 14:99. Certainly speed under circumstances might constitute careless and reckless driving. Speed alone, however, should not necessarily be determinative. No doubt circumstances may exist in which one would be careless and reckless to drive within the posted speed limit. (Emphasis Supplied) State v. Lemoine, supra at 1233 .”
1 later decision quote this exact passagee.g. State v. Legnon“the combination of circumstances necessary to show that the defendant by driving at an unspecified speed, thought to be in excess of the posted speed limit, committed a criminally negligent act.”
1 later decision quote this exact passagee.g. State v. Legnon“criminal negligence exists when although neither specific or general criminal intent is present.”
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.