634 So. 2d 962 - State v. Daniels’s Empirical Analysis
1994
Citation profile
8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently December 2011
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Terry v. Ohio · Chimel v. California · Alabama v. White · Rideout v. United States · 338 So. 2d 584 - State v. Crosby
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Defendant’s first assignment of error asserts that, at the preliminary examination, the trial court erred in finding Improbable cause to charge him with the offense. However, even if that position proved tenable, the issue is now moot. Disregarding that our review reveals an adequate prima facie showing by the state, no preliminary examination shall be held invalid because of an error that does not substantially prejudice the defendant. LSA-C.Cr.P. Art. 298. At that early stage of a case, an evidentiary shortfall entitles a defendant only to release from custody or bail and does not prevent the state from proceeding against him. LSA-C.Cr.P. Art. 296; State v. Sanders, 539 So.2d 114 (La.App. 2d Cir.1989), writ denied, 546 So.2d 1212 (La.1989); State v. Mayberry, 457 So.2d 880 (La.App. 3d Cir.1984), writ denied, 462 So.2d 191 (La.1984). Thus, absent a demonstration of prejudice (and none is shown here), any issue concerning probable cause is moot after conviction. State v. Washington, 363 So.2d 509 (La.1978); State v. Sanders, supra; State v. Wright, 564 So.2d 1269 (La.App. 4th Cir.1989). Nor does the Crosby aspect recast the proposition. A conditioned plea may be utilized only to secure review of such fundamental errors as would mandate reversal after trial on the merits. State v. Crosby, supra, at 592 . Hence, defendant may not now complain about a probable cause ruling that transpired at his preliminary hearing.”
1 later decision quote this exact passage“[o]pposition or resistance to a law enforcement official's efforts to conduct a lawful search and seizure is unjustified, and gives grounds to arrest for resisting an officer.”
1 later decision quote this exact passagee.g. State v. Washington
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.