State v. Toussaint’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... If there is conflicting testimony as to a factual matter [at trial], the question of the credibility of the witness is within the sound discretion of the triers of fact. State v. Klar, 400 So.2d 610 (La.1981); State v. Cobbs, 350 So.2d 168 (La.1977). It appears that the jury did not find Toussaint's version of the facts credible. The trial judge was also in a position to make a credibility evaluation of Toussaint's cellmate who testified at the motion for a new trial. The testimony by Toussaint's cellmate and Brown's ambiguous statement could not have made Toussaint's testimony more credible and is simply cumulative. We cannot say the trial court's judgment in denying the motion for new trial was error ... (Brackets ours)”

   1 later decision quote this exact passage
   e.g. 544 So. 2d 461 - State v. Holland

2. “"No showing of antagonistic defenses was made in our case. Neither defendant tried to blame the other. Each denied any involvement in a robbery. Although Toussaint gave testimony that was inculpatory as to Brown, he also said he knew nothing about Brown committing a robbery. Thus, neither was in a position of having to battle both the state and his co-defendant."”

   1 later decision quote this exact passage
   e.g. 527 So. 2d 12 - State v. Brown