408 So. 2d 907 - State v. Ezernack’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he trial court's preoccupation with the seriousness of the offense caused it to neglect several important mitigating factors weighing in the defendant's favor. This Court has repeatedly cautioned that ". . . the sentencing court should indicate that it has considered not only circumstances militating for incarceration, but also any mitigating factors." State v. Franks. [,] 373 So.2d 1307, 1308 (La.1979). While the trial judge need not articulate every aggravating and mitigating circumstance under Article 894.1, State v. Guiden, 399 So.2d 194 (La.1981), the record left of sentencing should reflect that the trial court considered not only the seriousness of the offense and the past record of the accused, but also the defendant's personal history (age, mental status, dependents, family ties, employment record, emotional and physical health) and his ". . . potential for rehabilitation." State v. Molinet, 393 So.2d 721, 722 (La.1981); State v. Jones, 398 So.2d 1049 (La.1981); State v. Jackson, 360 So.2d 842 (La. 1978).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Alexander