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← 590 SO2D 1240 - State v. Harrelson

State v. Harrelson’s Empirical Analysis

1991

Citation profile

4
cited by 4 later decisions
1
states following
December 2000
most recently cited

4 state decisions

Relationships

Relies on 337 So. 2d 1131 - State v. Sanders · 344 So. 2d 1024 - State v. Cox · State v. Griffin · 550 So. 2d 801 - State v. Goodin · 556 So. 2d 1276 - State v. Goodin

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

  1. “In Sanders , the court noted that, by enacting La. R.S. 14:95.1, the offense of possessing a firearm or of carrying a concealed weapon by a convicted felon, the legislature provided for enhanced penalties for the act of possessing a firearm or concealing a weapon when such person is a felon. The Louisiana Supreme Court also noted that the legislature gave no indication that the multiple billing procedure was to remain available as a vehicle for further enlargement of the penalty. In Cox , the court found that the former simple escape statute, La. R.S. 14:110, in effect at the time of defendant Cox's offense, itself caused an enhancement of the penalty by requiring consecutive sentences based on a defendant's previous felony conviction. In that case the Louisiana Supreme Court applied the well-established doctrine of construing criminal and penal laws strictly and refused to combine the escape statute and the multiple offender statute, La. R.S. 15:529.1, to enhance the penalty twice. State v. Cox , 344 So.2d at 1026 .[FN1] Further, as seen above, the legislature has provided an enhanced penalty within the statute itself for a third and all subsequent offenses chargeable under La. R.S. 14:106(G)(3) in mandatory language, i.e., "shall be imprisoned...." This court has previously held, where a statute delimits the penalty to be levied on subsequent convictions under the same provision, that the State may not use La.R.S. 15:529.1 to further enhance that penalty. State v. Griffin, ”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.