45 So. 3d 173 - State v. Jenkins’s Empirical Analysis
2010
Citation profile
11
cited by 11 later decisions
1
states following
April 2018
most recently cited
11 state decisions
Relationships
Relies on Strickland v. Washington · State v. Sepulvado · 384 So. 2d 355 - State v. Bonanno · 419 So. 2d 475 - State v. Lanclos · 709 So. 2d 672 - State v. Johnson
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Louisiana Constitution of 1974, art. I, § 20 provides, in pertinent part, that “[n]o law shall subject any person to • • • excessive ■ • • punishment.” (Emphasis added.) Although a sentence is within statutory limits, it can be reviewed for constitutional excessiveness. State v. Sepulvado, 367 So.2d 762, 767 (La.1979). A sentence is unconstitutionally excessive when it imposes punishment grossly disproportionate to the severity of the offense or constitutes nothing more than needless infliction of pain and suffering. State v. Bonanno, 384 So.2d 355, 357 (La.1980). A trial judge has broad discretion when | ^imposing a sentence and a reviewing court may not set a sentence aside absent a manifest abuse of discretion. State v. Cann, 471 So.2d 701, 703 (La.1985). On appellate review of a sentence, the relevant question is not whether another sentence might have been more appropriate but whether the trial court abused its broad sentencing discretion. State v. Walker, 00-3200, p. 2 (La.10/12/01), 799 So.2d 461, 462 ; cf State v. Phillips, 02-0737, p. 1 (La.11/15/02), 831 So.2d 905, 906 .”
1 later decision quote this exact passage“must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.”
1 later decision quote this exact passage“A reasonable probability is a probability sufficient to undermine confidence in the outcome.”
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.