610 So. 2d 120 - State v. Bennett’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When the literal construction of a statute produces absurd or unreasonable results, the letter must give way to the spirit of the law and the statute construed so as to produce a reasonable result.”

   3 later decisions quote this exact passage · from the majority
   e.g. State v. Shepherd · Shell v. Wal-Mart Stores, Inc.

2. “Article 582 and State v. Brown, [ 451 So.2d 1074, 1080 (La.1984) ], state that the one year for retrial runs from the finality of the judgment granting defendant a new trial. No one would say that the judgment granting a new trial in the above hypothetical is final when the court of appeal denied rehearing. Rather, every rational legal mind would find the judgment to be final when the supreme court affirmed the court of appeal and no application for rehearing was filed with this court. Clearly, the one year for retrial runs from the finality of the supreme court judgment in that case.”

   1 later decision quote this exact passage · from the majority
   e.g. 744 So. 2d 178 - State v. Brocato

3. “When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Antoine