610 So. 2d 152 - State v. Smith’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. “[i]t is an abuse of the trial court's discretion to impose a sentence that grossly deviates from the guidelines when that deviation is not supported by the record.”

   3 later decisions quote this exact passage
   e.g. State v. Bennett · State v. Miller

2. “that rigid conformity to the guidelines is not required. What is required, however, is that the guidelines be consulted and used as a norm. Where aggravating or extenuating circumstances are present and of record, an enhanced or reduced sentence may be imposed. However, a sentence that grossly exceeds the guidelines and is not supported by the record is unlawful.”

   2 later decisions quote this exact passage
   e.g. State v. Hill · 620 So. 2d 312 - State v. Orgeron

3. “He must determine whether the significant presence of aggravating or mitigating circumstances make[s] the present case more or less serious than the typical case arising under the offense. Louisiana Sentencing Guidelines § 209(B), (C).”

   2 later decisions quote this exact passage
   e.g. State v. Matthews · 622 So. 2d 808 - State v. Gales