539 So. 2d 1279 - State v. Volkmann’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. “Specific intent to commit a crime is an element of an attempted offense. LSA-R.S. 14:27. A conviction of an attempted offense must rest upon the sufficient proof that the offender actually desired to cause the proscribed criminal consequences to follow his act or failure to act and that the offender committed or omitted an act for the purpose and tending directly toward the accomplishing of his object. State v. Hunter, 454 So.2d 131 (La.App. 2d Cir.), writ denied, 456 So.2d 1018 (La.1984). Therefore, in order to commit attempted forcible rape, the offender must actively desire to commit rape by preventing the victim from resisting the act by force or threats where the victim may reasonably believe that such resistance would not prevent the rape. State v. Magee, 491 So.2d 454 (La.App. 1st Cir.1986) Where the offender has the requisite intent to commit a rape and does an act in furtherance of his goal, he has committed the offense of attempted forcible rape even if his victim successfully repels the threat or force. State v. Parish, 405 So.2d 1080 (La.1981); State v. Magee, supra. Specific intent is a state of mind and, as such, need not be proven as a fact but may be inferred from the circumstances and actions of the accused. State v. Graham, 420 So.2d 1126 (La.1982); State v. McDermitt, 406 So.2d 195 (La. 1981). Specific intent is a legal conclusion ultimately to be resolved by the trier of fact. State v. Guidry, 476 So.2d 500 (La.App. 1st Cir.1985), writ denied, 480 So.2d 73”

   2 later decisions quote this exact passage
   e.g. 164 So. 3d 395 - State v. Brown · 593 So. 2d 753 - State v. Williams

2. “I am going to put you on probation for a while after your release from incarceration because that’s the only way to try and ensure your compliance with your medication and with adhering to the law when you’re out. I’m going to order that you serve twenty years at hard labor. I’m going to suspend ten years of that. The first year of which would be without benefit of probation, parole, or suspension of sentence as per law. I’m going to strongly recommend that you receive sex offender and mental health treatment during your incarceration. And upon your release from incarceration I’m going to order that you be placed on supervised probation for five years and that special conditions of your probation include but are not limited to that you seek further mental health treatment, particularly pertaining to sex offenses and that you follow any recommended treatment, that you take any medications that are recommended by any qualified mental health professional. And the other is that you have no contact whatsoever with the victim or her family.”

   1 later decision quote this exact passage
   e.g. 164 So. 3d 395 - State v. Brown