611 So. 2d 732 - State v. Thornton’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, La.C.Cr.P. art. 814(C), which we believe is generally applicable to responsive verdicts whether or not they are specifically enumerated in art. 814, provides: Upon motion of the state or the defendant, or on its own motion, the court shall exclude a responsive verdict listed in Paragraph A if, after all the evidence has been submitted, the evidence, viewed in a light most favorable to the state, is not sufficient reasonably to permit a finding of guilty of the responsive offense. "Due process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction." State v. Henry, 449 So.2d 486 (La.1984), quoting Hopper v. Evans, 456 U.S. 605 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982). A stipulation has the effect of withdrawing a fact from issue and disposing wholly with the need for proof of that fact. See McCormick, Evidence Sec. 254 (4th Ed. 1992). Defense counsel stipulated that defendant had been previously convicted of illegally carrying a weapon, thus relieving the State of the burden of proving that fact. Once that stipulation was made or entered into, there was no evidence warranting a jury instruction on the lesser and included verdicts of illegal carrying of a weapon, first offense, or attempted illegal carrying of a weapon, first offense. The only evidence that would have warranted such an instruction would have been evidence tending to prove that defendant had never been convicted of illegally carrying a weapon bef”

   1 later decision quote this exact passage
   e.g. 637 So. 2d 1230 - State v. Williams

2. “By defendant's final assignment of error...the trial court erred in failing to give the jury a limiting instruction that defendant's past conviction was not to be taken into account in assessing guilt or innocence as to the offense for which he was being tried.”

   1 later decision quote this exact passage
   e.g. 760 So. 2d 362 - State v. Pollard

3. “Defendant failed to object in any way to the trial court's failure to give such a limiting charge to the jury. Therefore, he (defendant) is precluded from assigning as error the trial court's failure to give a limiting charge. La.C.Cr.P. art. 801.”

   1 later decision quote this exact passage
   e.g. 760 So. 2d 362 - State v. Pollard