41 So. 3d 581 - State v. Sibley’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Louisiana Code of Criminal Procedure Article 894.1(C) states, “[t]he court shall state for the record the considerations taken into account and the factual basis therefore in imposing sentence.” The goal of Article 894.1 is the “articulation of the factual basis for a sentence ... not rigid or mechanical compliance with its provisions.” Therefore, “where an adequate factual basis for the sentence imposed” is evidenced in the record, “remand is unnecessary, even where there has not been full compliance with Article 894.1.” State v. Lanclos, 419 So.2d 475, 478 (La.1982); State v. Pleasant, 99-2349 (La.App. 4 Cir. 11/8/00) , 772 So.2d 910 , writ denied, 00-3349 (La. 10/26/01), 799 So.2d 1159 . A remand for resentenc-ing on a fuller statement of reasons is necessary only when there appears “to be a substantial possibility that the defendant’s complaints of an excessive sentence [have] merit.” State v. Wimberly, 414 So.2d 666, 672 (La.1982) (emphasis added).”

   1 later decision quote this exact passage
   e.g. 209 So. 3d 927 - State v. Lafleur