577 So. 2d 1179 - State v. Gladney’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “BY THE COURT: I am going to overrule the objection. In the Court's view, this is a statement that relates to the state of mind of the witness on the stand. It's not being offered for the truthfulness of this statement, simply to show that the statement was made and that it affected her attitude and the attitude of the victim, and explains their behavior following the statement. And it is admissible as an exception to the hearsay rule, if it's even hearsay. BY MR. MORTON: Your Honor, I would like to add for the record that it also falls under the old res gestae. BY THE COURT: We are not under the old res gestae. We are now under the new Code of Evidence, and the first three exceptions, 803.1, 2 and 3 are the residue of the old res gestae rule, and I just ruled that it falls under 3, Mr. Morton. All right. BY MR. JONES: We object, Your Honor. BY THE COURT: Your objection will be noted for record. La.Code Evid. art. 803(3) states, in pertinent part: A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), offered to prove the declarant's then existing condition or his future action. A statement of memory or belief, however, is not admissible to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's testament.”

   1 later decision quote this exact passage
   e.g. 688 So. 2d 1262 - State v. Taylor