416 So. 2d 103 - State v. Murdock’s Empirical Analysis
1982
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently June 2011 · most notably 434 So. 2d 452 - State v. Hammonds (1983), State v. Cottingin (1985)
36 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 389 So. 2d 1263 - State v. Douglas · 412 So. 2d 540 - State v. Carter · State v. Watson
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [A]s to the attempt [sic] second degree murder, this Court is guided by the sentencing guidelines set forth in Article 894.1 of the Code of Criminal Procedure and I considered those sentencing guidelines. Those guidelines state that this Court shall state for the record the considerations taken into account and the factual basis in imposing sentence. I sat through the jury trial; I heard the evidence presented. The evidence as to guilt was overwhelming ... [and] left no possible doubt in my view as to this defendant’s guilt.... This was a brutal crime to say the least; a brutal attack. And this lady who testified described how she was clubbed, how her arm was broken, her hand was broken, her jaw was smashed and she suffered — her jaw was fractured, and she suffered a fractured skull. The evidence indicates she could have bled to death, but fortunately she did not die. [...] I, of course, know a great deal of Leroy Berthelot because I’ve conducted a number of hearings. I know a great deal about his prior psychiatric problems, which I don’t feel is necessary to repeat here this morning. I have considered his entire background and I have considered these guidelines. Now, Article 883 of the Code indicates that ... “if a defendant is convicted of two or more offenses based on the same act or transaction, the terms of imprisonment shall be moved concurrently unless the Court expressly directs that some or all be served consecutively” ... This type of crime being so vicious and ”
2 later decisions quote this exact passagee.g. State v. Moore · State v. Berthelot“Thirty (30) years at hard labor with the Louisiana Department of Corrections. Because of the age of the victim, five (5) years of that sentence are to be served without benefit of probation, parole, or suspension of sentence.”
2 later decisions quote this exact passage“consecutive sentences are justified when, due to the defendant's past conduct or repeated criminality over an extended period, the offender poses an unusual risk to the safety of the public; similar to those posed by habitual offenders.”
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.