57 So. 3d 1033 - State v. Moore’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This court has not taken the position that it is obligated to conduct an errors patent review for the elapse of possible cleansing periods for predicate offenses in multiple bills, when defendants have a statutory obligation to raise objections to the same. However, considering that we lack a complete record of the intent of defense counsel or the defendant in failing to timely object to the multiple bill, this issue is preserved and may be raised in an application for post-conviction relief. Lastly, Moore argues that our holding in this matter is inconsistent with the holding of the Supreme Court in [State v.] Bullock, [ 311 So.2d 242 (La.1975) ] and the holdings of the First, Second and Fifth Circuits in State v. Baker, 452 So.2d 737 (La.App. 1 Cir. 5/30/84), State v. Harris, 20 So.3d 1121 (La.App. 2 Cir. 6/24/09), and State v. Mosley, 16 So.3d 398 (La.App. 5 Cir. 5/26/09), respectively. In Bullock, the Supreme Court reversed the multiple offender adjudication of the defendant because the certification offered to prove the existence of the predicate offense — a court martial conviction — was statutorily deficient. We note, however, that in Bullock, the opinion of the Supreme Court did not address the failure of the defendant to object to the multiple bill, and what effect, if any, the failure to object to a multiple bill should have on appeal. Additionally, while we take the holdings of our fellow circuits into consideration, we decline to follow them in this instance. Find”

   1 later decision quote this exact passage
   e.g. 172 So. 3d 61 - State v. Hall