616 So. 2d 792 - State v. Brown’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) has carefully examined the sentencing guidelines, not merely the guidelines grid; (2) has determined the designated sentence range by determining the appropri ate guidelines grid cell for the “typical case”; (3) has determined whether there are specific aggravating and/or mitigating circumstances present in the case to a significant degree; and (4) if such aggravating and/or mitigating circumstances are present, the judge has consulted the departure procedures under § 209 and has contemplated imposing a sentence that is “proportional to the seriousness of the offense and the offender’s criminal history.””

   2 later decisions quote this exact passage
   e.g. State v. Jacobs · 621 So. 2d 33 - State v. Kelly

2. “A. When the defendant has been convicted of a felony, the court shall consider the sentencing guidelines ... however, no sentence shall be declared unlawful, inadequate or excessive solely due to the failure of the court to impose a sentence in conformity with the sentencing guidelines of the commission.”

   1 later decision quote this exact passage
   e.g. 621 So. 2d 33 - State v. Kelly

3. “Upward departures from the designated sentence range of the guidelines grid should be made when one or more aggravating circumstances, listed in La.S.G. § 209(B), significantly differentiates the particular case from the”

   1 later decision quote this exact passage
   e.g. 628 So. 2d 156 - State v. Gibson