State v. Schrader’s Empirical Analysis

Citation profile

1 federal appellate · 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The trial court erred in denying defendant's motion to suppress. 2. The trial court erred in denying defendant's motion to quash. 3. The trial court erred in denying the defendant's motion for bail in a capital case. 4. The trial court erred in overruling the defendant's objection to the state amending it's answers to the bill of particulars on the morning of the trial. 5. The trial court erred in denying the defendant's motion for a continuance based on the absence of a material witness. 8. The trial court erred in overuling the defendant's objection to the state's questioning of Judy Smith Griffith dealing with threats made by defendant. 9. The trial court erred in denying the defendant's motion for a mistrial. 10. The trial court erred in sustaining the state's objection to defense counsel's question of Howard Oubre dealing with whether or not he had discovered any witnesses who saw the defendant at the scene of the fire. 11. The trial court erred in overuling the defendant's objection to the state's reading of materials from a book and then asking witness Howard Oubre if he agreed with those statements. 12. The trial court erred in overruling the defense counsel's objections to the state's question of William F. Schrader regarding a civil lawsuit filed in connection with the fire. 13. The verdict of the jury was contrary to the law and to the evidence. 14. The trial court erred in denying the defendant's motion for a new trial. 15. The sentence imposed by the trial cou”

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

2. “Defendant complains because the trial court refused to admit him to bail pending trial of the instant offense. In response to defendant's motion to set bail, the trial court conducted a hearing, concluding that Louisiana Code of Criminal Procedure article 313, which governs bail for capital offenses, was applicable. In refusing to set bail, the trial court found that defendant, who had been indicted for the instant offense, failed to establish that proof was not evident or the presumption was not great that he was guilty of the instant offense. It appears the defendant may have been bailable given the judicial invalidation of the death penalty portion of the Louisiana murder statute in effect at the time of the instant offense. See State v. Polk, 376 So.2d 151 (La.1979); State v. Foat, 428 So.2d 474 (La.1983). However, because there has been a trial and conviction, the bail issue is moot and will not be reviewed on appeal. See State v. Rester, 309 So.2d 321 (La.1975). Schrader, 506 So.2d at 871 .”

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

3. “As a general rule, the denial of a continuance is not grounds for reversal absent an abuse of discretion and a showing of specific prejudice caused by denial of the continuance. State v. Roy, 496 So.2d 583 (La.App. 1st Cir.1986). Louisiana Code of Criminal Procedure article 710 provides that, when a motion to continue is based on the absence of a material witness, it may be denied if the adverse party admits that if the witness were present he would testify as stated in the motion. In addition, the trial court may also require the adverse party to admit the truth of the testimony. The trial court did not abuse its discretion in this instance. Because of the stipulation, the facts contained in the defense motion were presented to the jury. In addition, Mr. Cass' co-investigator, Chief Oubre, testified for the defense.”

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