State v. Sharlow’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the case before us, defendant put his sanity at issue. The trial judge found reasonable doubt as to the defendant's capacity to proceed and appointed a sanity commission to inquire into his mental condition. The commission never reported its findings to the court (actually, defendant was probably not even examined) and there was never a contradictory hearing on the issue or a determination by the trial judge that this defendant had the capacity to proceed. Nevertheless, further proceedings were had, including the taking of defendant's guilty pleas. The law is clear in this situation. Article 642 mandates that `no further steps in the criminal prosecution' shall be taken until the defendant is found to have the mental capacity to proceed. Acceptance of defendant's guilty pleas under these circumstances was clearly contrary to the law, and we determine in this type of situation at least, not correctable retroactively. Defendant's guilty pleas therefore must be nullified.3 ... * * * * * * fn 3. Since the proceedings after the appointment of the sanity commission are vacated, the plea bargain by which the state agreed to drop other charges against defendant (presumably entered coincident with defendant's entering the guilty pleas) is also without effect.”

   2 later decisions quote this exact passage
   e.g. 677 So. 2d 495 - State v. Kelly · 587 So. 2d 16 - State v. Nicholas

2. ““(1) A homicide which would be murder under either Article 30 (first degree murder) or Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury finds that the offender’s blood had actually cooled, or that an average person’s blood would have cooled, at the time the offense was committed; or (2) A homicide committed, without any intent to cause death or great bodily harm. (a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Articles 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or (b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Articles 30 or 30.1.” La.R.S. 14:31.”

   2 later decisions quote this exact passage
   e.g. State v. Gaines · 544 So. 2d 654 - State v. Barrett

3. “"The following matters and no others shall be considered on appeal: (1) An error designated in the assignment of errors; and (2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence."”

   2 later decisions quote this exact passage
   e.g. State v. Gaines · 504 So. 2d 1100 - State v. Gamble