543 So. 2d 1013 - State v. Bell’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Louisiana does not recognize the doctrine of diminished capacity. Therefore, a mental defect or disorder short of legal insanity cannot serve to negate specific intent and thus reduce the degree of a crime. Evidence of a defendant's mental capacity at a trial where insanity is raised as a defense is presented for use in determining whether the defendant was legally insane at the time the offense was committed. It is not relevant to determining the issue of specific intent. State v. Jones, 359 So.2d 95 (La.1978), cert. denied, 439 U.S. 1049 , 99 S.Ct. 727 , 58 L.Ed.2d 708 (1978); State v. Pravata, 522 So.2d 606 (La.App. 1st Cir.1988), writ denied, 531 So.2d 261 (La.1988).”

   3 later decisions quote this exact passage
   e.g. State v. Brown · State v. Smith

2. “Aggravated rape is a rape committed upon a person sixty-five years or older or when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances: Where the victim is under the age of thirteen years. Lack of knowledge of the victim’s age shall not be a defense. Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. In lawyers vernacular it’s called big life. Everyday life. Okay? | ^Aggravated rape by oral sexual intercourse. The defendant is charged with the aggravated rape of [B.B.]. Aggravated rape is the act of oral sexual intercourse with a person without their lawful consent, or, where the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance. That includes a person with any kind of infirmity and lower IQ. Oral sexual intercourse may be intentionally engaging in any of the following acts with another person: The touching of the anus or genitals of the victim by the offender, using the mouth or tongue of the offender; or the touching of the anus or genitals of the offender by the victim, using the mouth or tongue of the victim. Sexual intercourse is deemed to have taken place even though emission did not occur. Thus, in order to convict the defendant of aggravated rape”

   1 later decision quote this exact passage
   e.g. 143 So. 3d 1275 - State v. Wallace

3. “The State is not required to offer any proof of the defendant’s sanity or to offer evidence to rebut the defendant’s evidence. Instead, the determination of whether defendant’s evidence successfully rebuts the presumption of sanity is made by the trier of fact viewing all the evidence, including lay and expert testimony, the conduct of the defendant, and the defendant’s actions in committing the particular crime.”

   1 later decision quote this exact passage
   e.g. 692 So. 2d 1309 - State v. Ledet