62 So. 3d 327 - State v. Hurst’s Empirical Analysis
2011
Citation profile
6
cited by 6 later decisions
1
states following
October 2018
most recently cited
6 state decisions
Relationships
Relies on 769 So. 2d 1158 - State v. Guzman · State ex rel. Newton v. State · State v. Smith · 846 So. 2d 786 - State v. Smith · 594 So. 2d 1 - State v. Batiste
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he defendant’s criminal history, the gravity or dangerousness of the offense, the viciousness of the crimes, the harm done to the victims, whether the defendant contributes an unusual risk of danger to the public, the defendant’s apparent disregard for the property of others, the potential for the defendant’s rehabilitation, and whether the defendant has received a benefit from a plea bargain.”
3 later decisions quote this exact passage“The trial court imposed an illegally excessive sentence on the conviction of purse snatching. The trial court sentenced Hurst to twenty years at hard labor without the benefit of probation, parole, or suspension of sentence. Louisiana Revised Statutes 14:65.1 does not prohibit the benefits of probation, parole, or suspension of sentence. Although the trial court has discretion to refuse to suspend the sentence, the trial court does not have discretion to deny parole eligibility when the penalty provision does not authorize such a denial. Accordingly, this court amends Hurst's sentence to delete the denial of parole. See State v. Yancy , 93-2798 (La. 5/31/96), 673 So.2d 1018 ; State v. Buckley , 02-1288 (La.App. 3 Cir. 3/5/03) , 839 So.2d 1193 . See also State v. Sanders, 04-17 (La. 5/14/04), 876 So.2d 42 (stating that an appellate court should not rely on the self-activating provisions of La.R.S. 15:301.1 when the trial court imposes limits beyond those statutorily authorized). This court also instructs the trial court to make an entry in the minutes reflecting this change. See State v. Tate , 99-1483 (La. 11/24/99), 747 So.2d 519 .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.