576 So. 2d 1 - State v. Trahan’s Empirical Analysis

Citation profile

51 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. If a defendant intends to introduce testimony relating to a mental disease, defect, or other condition bearing on the issue of whether he had the mental state required for the offense charged, he shall not later than ten days prior to trial or such reasonable time as the court may permit, notify the district attorney in writing of such intention and file a copy of such notice with the clerk. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other orders as may be appropriate. B. If there is a failure to give notice as required by Subsection A of this Article, the court may exclude the testimony of any witness offered by the defendant on the issue of mental condition.”

   2 later decisions quote this exact passage
   e.g. State v. Queen · 644 So. 2d 1093 - State v. Gibson

2. “The purpose of art. 726 and the other discovery rules in the Code of Criminal Procedure is to "eliminate unwarranted prejudice which could arise from surprise testimony." State v. Toomer, 395 So.2d 1320 , 1329 (La.1981). Intoxication is an "other condition" bearing on the issue of whether the defendant had the mental state for the offense charged. State v. Quinn, 479 So.2d 592 , 596 (La.App. 1st Cir.1985) ; State v. Gipson, 427 So.2d 1293 , 1298 (La.App. 2d Cir.1983). In the present case, the defense sought to use the blood alcohol levels to support its "tragic accident" theory-i.e., defendant did not intend to shoot the victim. The record contains no evidence defendant gave the required notice to the state under article 726. Without such notice, the state had no way to prepare expert testimony to explain the blood alcohol levels and put them into proper prospective. The introduction of seemingly high blood alcohol levels by the defense experts without an opportunity for rebuttal by the state would needlessly confuse and prejudice the jury. State v. Caldwell, 504 So.2d 853 (La.1987). Therefore, we find the trial court properly exercised its discretion under article 726 and excluded the evidence. Defendant argues the blood alcohol levels were highly relevant for the purpose of supporting his version of the events and also for cross-examining the state witnesses. Of course, the right to present relevant evidence is an important component of defendant's constitutional right to p”

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

3. “The extreme vividness and persuasiveness of motion pictures ... is a two-edged sword. If the film does not portray original facts in controversy, but rather represents a staged reproduction of one party’s version of those facts, the danger that the jury may confuse art with reality is particularly great. Further, the vivid impressions on the trier of fact created by the viewing of the motion pictures will be particularly difficult to limit or, if the film is subsequently deemed to be inadmissible, to expunge by judicial instruction.”

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