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← 638 SO2D 225 - State v. Clark

State v. Clark’s Empirical Analysis

1994

Citation profile

8
cited by 8 later decisions
1
states following
May 2018
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently May 2018

8 state decisions

40199420002010decided

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 Medina v. California · Roberts v. Louisiana · 345 So. 2d 1129 - State v. Bennett · 438 So. 2d 1091 - State v. Johnson · 443 So. 2d 1098 - State v. Trosclair

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

  1. “First, we find defendant's reliance on [ State v.] LeBlanc, [ 367 So.2d 335 (La. 1979),] misplaced. While LeBlanc does discuss a defendant's constitutional right to judicial review based upon a complete record of all evidence upon which a judgment is based, LSA-Const. Art. 1, sec. 19, it does not require the argument of counsel to be recorded. See State v. Johnson, 438 So.2d 1091 (La.1983), where the missing portion of the transcript consisted not of testimony, but of the argument of counsel. Johnson found such argument to be immaterial to an adequate review of the trial court's ruling. Secondly, State v. Richardson, 529 So.2d 1301 (La.App. 3 Cir.1988), writ denied, 538 So.2d 587 (La.1989), presented almost exactly the same factual situation as the case sub judice. In finding Article 843 did not require reversal, the court stated: "The defense counsel stated his objection and the basis therefor prior to approaching the bench ... On appeal, we can easily review the correctness of the rulings on each objection as the basis for the objection is on the record and the Trial Judge's ruling on each is stated. Hence, we feel that the missing arguments of counsel are an inconsequential omission, immaterial to a proper determination of the appeal. Also, defendant's trial counsel who made the objections certainly has knowledge of his own arguments made at the bench in support of his objections. The failure to record the arguments of counsel at the bench conference in no way interfered w”
    1 later decision quote this exact passage
  2. “the trial court gave no instruction regarding manslaughter as an unintentional killing during the commission of certain felonies or misdemeanors under LSA-R.S. 14:31(2) ... If a trial court gives an instruction under 14:31(2), then a negligent homicide instruction may not be required. See State v. Tompkins, 403 So.2d 644 (La.1981).”
    1 later decision quote this exact passage
  3. “the issue of competence is not raised at trial.”
    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.