State v. Phillips’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We are aware that in an earlier opinion [ State v. Solomon, 549 So.2d 938 (La.App. 3d Cir.1989)] the case was remanded for correction of an illegally lenient sentence. No writ application was made to the Supreme Court in Solomon . In that case the illegal portion of the sentence provided for `unsupervised' probation whereas `supervised' probation was required by the statutes. No jail time was involved. The Supreme Court in Fraser stated that `there is no codal or statutory authority for an appellate court to search the record for patent sentencing errors to the detriment of the only party who sought review by the appellate court.' In the present case, although the defendant appealed his sentence, he did so on grounds of excessiveness only. The illegal portion of the sentence is favorable to the defendant. We find that Fraser is controlling. Further it offends a sense of `fairness' to subject the defendant to the possibility of a harsher sentence when the state has not complained of the sentence. Such action would have a chilling effect on the right of a defendant to seek appellate review."”

   2 later decisions quote this exact passage
   e.g. 650 So. 2d 407 - State v. Jordan · 627 So. 2d 192 - State v. Brown