542 So. 2d 528 - State v. Gabriel’s Empirical Analysis
1989
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently July 2008
17 state decisions
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 Jackson v. Virginia · Brady v. State of Maryland · United States v. Bagley · Wrenn v. Weinberger · 446 So. 2d 729 - State v. Prudholm
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... statements of the trial judge's reasons for rulings on objections relating to the admissibility of evidence or to explain the purpose for which evidence is offered or admitted, provided the remarks are not unfair or prejudicial to the defendant.... Also, the trial judge's comments on the evidence have been held to be harmless error if those remarks do not imply an opinion as to the defendant's guilt or innocence. State v. Gabriel, supra , citing State v. Felde, 422 So.2d 370 (La.1982), cert. denied, Felde v. Louisiana, 461 U.S. 918 , 103 S.Ct. 1903 , 77 L.Ed.2d 290 (1983).”
2 later decisions quote this exact passage“Recently in State v. Gabriel, 542 So.2d 528, 536 (La.App. 5 Cir.1989) this court explained: A defendant who seeks to suppress an identification bears the burden of proving that the identification procedure used was suggestive and that as a result there was a likelihood of misidentification. State v. Smith, 520 So.2d 1305 (La.App. 5th Cir.1988). A photographic line-up is considered suggestive if the photographs display the defendant in such a matter that the witness' attention is unduly focused on him. State v. Smith, supra.”
1 later decision quote this exact passage“It is highly improper to ask a potential juror if he would act in a particular way under certain circumstances because such a question seeks to commit him in advance as to his verdict. That type of question is related to the merits of the case rather than to the proper subject of voir direthe qualifications of the juror. [citations omitted].”
1 later decision quote this exact passagee.g. State v. Pedroso
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.