569 So. 2d 1038 - State v. Lee’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As a general rule, because a state witness is not a `court official' within the meaning of LSA-C.Cr.P. art. 770, the provisions of LSA-C.Cr.P. art. 771, rather than LSA-C.Cr.P. art. 770, would apply. However, the jurisprudence reflects that an impermissible reference to another crime deliberately elicited by the prosecutor would be imputable to the State and would mandate a mistrial. State v. Madison, 345 So.2d 485 (La.1977); State v. Trahan, 543 So.2d 984 (La.App.3d Cir. 1989); State v. Boudreaux, 503 So.2d 27 (La.App.1st Cir.1986). The reference must be to another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible. State v. Madison supra. The denial of a mistrial upon motion by a defendant complaining of a remark reprobated by Article 770 is per se a substantial violation of the defendant's rights. The court of appeal is not free to speculate what the jury might have found had the defendant's rights not been violated. State v. Green, 315 So.2d 763 (La.1975); State v. Felix, 556 So.2d 1317 (La.App.3d Cir.1990); State v. Andrews, 527 So.2d 411 (La.App.4th Cir.), writ denied, 532 So.2d 176 (La.1988)."”

   3 later decisions quote this exact passage
   e.g. State v. Smith · 607 So. 2d 641 - State v. Deal

2. “"Art. 770. Prejudicial remarks; basis of mistrial "Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to:" * * * * * * "(2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible;" * * * * * * "An admonition to the jury to disregard the remark or comment shall not be sufficient to prevent a mistrial. If the defendant, however, requests that only an admonition be given, the court shall admonish the jury to disregard the remark or comment but shall not declare a mistrial."”

   2 later decisions quote this exact passage
   e.g. State v. Smith · 590 So. 2d 720 - State v. Cook

3. “Even if relevant, because the evidence of other offenses is so strongly prejudicial, the greatest care ought to be taken to reject such evidence unless it is plainly necessary to prove something which is really at issue.”

   1 later decision quote this exact passage
   e.g. State v. Clark