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← 519 SO2D 292 - State v. Franklin

State v. Franklin’s Empirical Analysis

1988

Citation profile

8
cited by 8 later decisions
1
states following
March 2003
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently March 2003

8 state decisions

40198819902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Brogdon v. Louisiana · 425 So. 2d 1251 - State v. Telsee · State v. Brogdon · Baldwin-United Corp. v. Eubanks · State v. Davis

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

  1. “an academic exercise which has no practical benefit to anyone.”
    3 later decisions quote this exact passage
  2. “Article I, Section 20 of the Louisiana Constitution of 1974 mandates that a defendant shall not be subjected to cruel, excessive or unusual punishment. A sentence, although falling within statutory guidelines, may violate a defendant’s right against excessive punishment and is therefore reviewable on appeal. State v. Telsee, 425 So.2d 1251 (La.1983). A sentence is excessive if “grossly out of proportion to the severity of the crime” or “nothing more than the purposeless and needless imposition of pain and suffering.” State v. Brogdon, 457 So.2d 616, 625 (La.1984), cert. den. Brogdon v. Louisiana, 471 U.S. 1111 , 105 S.Ct. 2345 , 85 L.Ed.2d 862 (1985). See also State v. Gordon, 504 So.2d 1135 (La.App. 5th Cir.1987). C.Cr.P. art. 894.1 sets forth guidelines for the court to consider in imposing sentence. In order to facilitate adequate review, there should be an indication in the record that the trial court considered both aggravating and mitigating factors of C.Cr.P. art. 894.1 in imposing sentence. State v. Davis, 449 So.2d 452 (La.1984)....”
    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.