48 So. 3d 219 - State v. Brooks’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The starting point in the interpretation of any statute is the language of the statute itself. State v. Johnson, 2003-2993, p. 11 (La.10/19/04), 884 So.2d 568, 575 . “When the wording of a Section is clear and free of ambiguity, the letter of it shall not be disregarded, under the pretext of pursuing its spirit.” La.Rev. Stat. § 1:4. Similarly, “[t]he articles of this Code cannot be extended by analogy so as to create crimes.not provided for herein; however, in order to promote justice and to effect the objects of the law, all of its. provisions shall be given a genuine construction, according to the fair import of their words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision.” La.Rev.Stat. § 14:3. The purpose of statutory interpretation is ascertainment of the legislative intent and the reason or reasons which prompted the legislature to enact the law. Theriot v. Midland Risk Insurance Co., 95-2895, p. 3 (La.5/20/97), 694 So.2d 184, 186 . “Legislative intent is the fundamental question in all cases of statutory interpretation; rules of statutory construction are designed to ascertain and enforce the intent of the statute.” Theriot , 95-2895 at 3, 694 So.2d at 186 . The best evidence of legislative intent or will is the wording of a statute. Johnson , 2003-2993 at 12, 884 So.2d at 575 . As stated by the court of appeal, criminal statutes are subject to strict construction under the rule of lenity. State v. Carouthe”

   1 later decision quote this exact passage
   e.g. 183 So. 3d 796 - State v. Broyard