State v. Camp’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A direct or indirect reference to another crime committed or alleged to have been committed by defendant, as to which evidence would not be admissible, made within the hearing of the jury by the judge, district attorney or court official, during trial or in argument, would require a mistrial on motion of defendant. LSA-C.Cr.P. art. 770(2). However, a state witness is not a court official for purposes of LSA-C.Cr.P. art. 770; therefore, art. 770 does not apply. When the remark is made by someone other than the judge, district attorney, or other court official, such as is the case here, the proper remedy is outlined in LSA-C.Cr.P. art. 771. That article provides that a mistrial is discretionary with the trial court and should be granted only where the prejudicial remarks of the witness make it impossible for the defendant to obtain a fair trial."”

   2 later decisions quote this exact passage
   e.g. State v. Ducote · 614 So. 2d 735 - State v. Ducote

2. “A mistrial may be ordered, and in a jury case the jury dismissed, when: * * * * * * (3) There is a legal defect in the proceeding which would make any judgment entered upon a verdict reversible as a matter of law. * * * * * * Upon motion of a defendant, a mistrial shall be ordered, and in a jury case the jury dismissed, when prejudicial conduct in or outside the courtroom makes it impossible for the defendant to obtain a fair trial, or when authorized by Article 770 or 771.”

   2 later decisions quote this exact passage
   e.g. State v. Ducote · 614 So. 2d 735 - State v. Ducote

3. “"While the trial judge need not recite the entire article 894.1 checklist of aggravating and mitigating factors, the record must reflect that the judge adequately considered the guidelines ... Important elements which must be considered are the convict's personal history (age, family ties, marital status, health, employment record), prior criminal record or absence thereof, seriousness of the particular offense, and the likelihood of recidivism or rehabilitation ... Further the judge must state for the record the factual basis therefor. C.Cr.P. art. 894.1(C)... The judge must, in effect, justify his sentence with factual reasons. The law is well settled that a remand for resentencing will be necessary when L.S.A.—C.Cr.P. art. 894.1 has not been adequately complied with and when there is serious lack of evidence to support the sentence imposed in relation to the particular offense committed." ... (citations omitted).”

   1 later decision quote this exact passage
   e.g. 598 So. 2d 423 - State v. Cook