437 So. 2d 280 - State v. Joseph’s Empirical Analysis
1983
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently April 2018
24 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 Jackson v. Virginia · 420 So. 2d 139 - State v. Perry · State v. Michel · 305 So. 2d 421 - State v. Hodgeson · 397 So. 2d 1287 - State v. Williams
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The judge in the presence of the jury shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved, or refuted.”
2 later decisions quote this exact passage“"BY THE COURT: All right. Remove the witness WITNESS IS REMOVED FROM COURTROOM BY THE COURT: Note your objection, Counselor. BY MR. ST. PIERRE: Your Honor, I don't have any objections. I move for a mistrial, Your Honor. This witness has just made a conclusion, and he's just characterized my defendant, my client, as a drug dealer. It's prejudicial. I think we're entitled to a mistrial, and we so move. We have talked about this out of the presence of the jury yesterday. I asked Mr. Morgan to instruct his witnesses not to make those types of conclusions, and here he is, he has. Under article 770 in the Code of Criminal Procedure, second paragraph, well introductory paragraph; `upon motion of the defendant, a mistrial shall be ordered when a remark or comment made within the hearing of the jury by the judge, district attorney, or court official during a trial or in argument refers directly or indirectly to' And subparagraph two, `another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible.' I think that this BY THE COURT: Just one minute. Article 770 refers to `remarks or comments made within the hearing of the jury by the judge, district attorney, or a court official', it has nothing to do with the witness. BY MR. ST. PIERRE: This was elicited by the district attorney, Your Honor. Therefore, I think it's imputable to the district attorney. BY THE COURT: I think BY MR. MORGAN: Your Honor, BY THE COURT: One moment. I'm prep”
1 later decision quote this exact passage“Whoever commits the crime of armed robbery shall be imprisoned at hard labor for not less than five years and for not more than ninety-nine years, without benefit of parole, probation or suspension of sentence”
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.