State v. Delcambre’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"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."”

   4 later decisions quote this exact passage
   e.g. State v. Kennedy · State v. Moore

2. ““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.””

   2 later decisions quote this exact passage
   e.g. State v. Horn · State v. Frazier

3. “(1) The maximum sentence provided by law, in the same manner as provided in the offense, if the maximum sentence is less than five years, or”

   2 later decisions quote this exact passage
   e.g. State v. Moore · 480 So. 2d 263 - State v. Jackson