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← 519 SO2D 254 - State v. Jackson

State v. Jackson’s Empirical Analysis

1988

Citation profile

4
cited by 4 later decisions
1
states following
November 1996
most recently cited

4 state decisions

Relationships

Relies on Boykin v. Alabama · State v. Oliveaux · 338 So. 2d 584 - State v. Crosby · 441 So. 2d 732 - State v. Lynch · State Ex Rel. Jackson v. Henderson

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. “Under the provisions of Article 810 of the Code of Criminal Procedure, the verdict of the jury (which forms the basis for a subsequent sentence) must be in writing and signed by the foreman. Article 820 of the Code of Criminal Procedure provides "all provisions of this Chapter [both Articles 810 and 820 in the same chapter of the Criminal Code] regulating the responsiveness and effect of verdict shall apply to cases tried without a jury." Hence, it follows that where the conviction is by the bench, the judge must sign the judgment for it to have the responsiveness and effect of a verdict. Additionally, Article 87 of the Code of Juvenile Procedure requires the court to enter into the record a written judgment of its disposition following a hearing of a matter tried under its juvenile jurisdiction over children. Although the matter involved here is the conviction of an adult for criminal neglect of family, the primary purpose is to provide support for children in destitute or necessitous circumstances and, therefore, falls under the trial court's juvenile jurisdiction and, hence, must comply with the provisions of Article 87 of the Code of Juvenile Procedure. Consequently, to supply the basis for the fixing and ordering of support payments, as contemplated by R.S. 14:74 and R.S. 15:302, absent an agreement for support, there must be a written judgment of conviction signed by the court. There is no prescribed form for the judgment and therefore an extract of minutes of the court”
    1 later decision quote this exact passage
  2. “The defendant being present in open Court attended by his Counsel, Richard M. Larson and this matter being on assignment for trial, asked leave of Court to withdraw his previously entered plea of not guilty and entered a plea of guilty, the defendant being charged with driving while intoxicated, 2nd offense, whereupon, Court questioned the defendant as to the knowledge of the charge against him, his right to an attorney, right to trial or trial by jury, right against self-incrimination, right to confront his accusers, and the right to appeal if he were to go to trial and been found guilty and further advising him that subsequent convictions could result in greater penalties having been fully explained to him by the Court and the Court being satisfied that the defendant is fully aware of his rights, accepted the plea of guilty and the following sentence was imposed: ...”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.