State v. Barberousse’s Empirical Analysis

Citation profile

59 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Art. 893.1 is a general sentencing enhancement statute applicable when a firearm is used in the commission of a felony. [§ 14:95.2 statutorily enhances the conviction of ten specified felonies by providing an additional two year penalty when a firearm has been used. Neither is] per se constitutionally infirm, either standing alone, or as applied to this gun use ... offender. Art. 893.1 [and § 14:95.2] further the legitimate legislative end of restricting the abuse of firearms by enhancing the penalties of those who use weapons to commit crimes. "Nonetheless, we have held that imposition of a given sentence may violate a defendant's constitutional right against excessive punishment, even though that sentence is within the statutory limit, and that this Court may review a defendant's sentence for excessiveness on appeal. State v. Sepulvado, 367 So.2d 762 (La.1979); State v. Williams, 448 So.2d 659 (La.1984). "Generally we have held that a sentence is excessive and unconstitutional if it is grossly out of proportion to the severity of the crime, in light of the harm caused to society. An unconstitutionally excessive sentence is one that shocks our sense of justice and is nothing more than the purposeless and needless imposition of pain and suffering. State v. Goode, 380 So.2d 1361 (La.1980); State v. Bonanno, 384 So.2d 355 (La.1980). "Mandatory sentences generally fall within the Legislature's prerogative to determine the length of the sentence imposed for crimes classified as ”

   3 later decisions quote this exact passage
   e.g. State v. Harris · State v. Hogan

2. “A. Notwithstanding any other provisions of law to the contrary, any person who uses a firearm or explosive device at the time he commits or attempts to commit the crime of second degree murder, manslaughter, aggravated battery, simple kidnapping, aggravated escape, aggravated burglary, aggravated arson, attempted aggravated rape, attempted first degree murder, or attempted aggravated kidnapping shall upon conviction serve a term of two years imprisonment for the first conviction and upon conviction for each second and subsequent offense listed in this Section, he shall serve a term of five years imprisonment. "B. The penalty provided herein shall be in addition to any other penalty imposed under the provisions of this Title and such person shall serve the additional term of imprisonment in the same manner as provided in the offense for which he was convicted and without benefit of parole, probation, suspension of sentence or credit for good time and any adjudication of guilt or imposition of sentence shall not be suspended. "C. The prison term provided under the provisions of this Section shall run consecutively to any other penalty imposed upon conviction of any of the crimes listed in this Section.”

   2 later decisions quote this exact passage
   e.g. 488 So. 2d 992 - State v. Shows · 486 So. 2d 902 - State v. East

3. ““Q. Do you understand that the maximum penalty for that crime is imprisonment with or without hard labor for not more than ten years and a fine of up to five thousand ($5000.00) dollars, or both? A. Yes sir. Q. And further, there is a minimum sentence of five years without benefit of probation, parole or suspension of sentence if a firearm was used in the commission of this offense. Do you understand? A. Yes sir.””

   1 later decision quote this exact passage
   e.g. State v. Horn