507 So. 2d 283 - State v. Douget’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. “The defendant is charged with the crime of negligent homicide as defined in Art. 32 of the Criminal Code of the State of Louisiana as follows: "Negligent homicide" is the killing of a human being by criminal negligence. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence. Criminal negligence is defined in Article 12 of the Criminal Code as follows: Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonable careful man under like circumstances. To put it another way, the term criminal negligence means GROSS NEGLIGENCE or RECKLESSNESS such as to amount to a RECKLESS DISREGARD for one's own safety or safety of others and a WILLFUL INDIFFERENCE to the consequences liable to follow. Criminal negligence means something more than mere carelessness, mistake, error in judgment or omission of duty. It means a degree of negligence more serious or aggravated than would ordinarily give rise to civil liability. It is more than the mere omission to do something which a reasonable and prudent man would do, or the mere doing of something which such a man would do under the circumstances surrounding each particular case. CRIMINAL NEGLIGENCE IS SUCH GROSS NEGLIGENCE AS MIGHT CAUSE A REASONABLE AND PRUDENT MAN TO EXPECT THAT INJ”

   1 later decision quote this exact passage
   e.g. 664 So. 2d 1315 - State v. Fenner

2. “When the instruction given is not erroneous, in view of the context of the overall charge, no error occurs.”

   1 later decision quote this exact passage
   e.g. 673 So. 2d 1061 - State v. Campbell