State v. Leroux’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows: (1) Where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility. (2) Where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.”

   2 later decisions quote this exact passage
   e.g. 788 So. 2d 1210 - State v. Randolph · 802 So. 2d 779 - State v. Taylor

2. “Regarding defenses. The fact that the defendant was in an intoxicated condition at the time of the commission of the crime is usually not a defense. However, where the circumstances indicate that the defendant voluntarily became intoxicated and that his intoxicated condition precluded or prevented the presence of a specific intent or special knowledge required in a particular crime this fact constitutes a defense to a prosecution for that crime. The defendant's plea of intoxication or drunkenness is a special defense and like any other defense must be proved by him to your satisfaction. Once the defense of voluntary intoxication is raised, the State has the burden of proving beyond a reasonable doubt that the defendant had a specific intent to kill or inflict great bodily harm. Thus, if you find that the defendant was in such an intoxicated condition that he did not have the specific intent to kill or inflict great bodily harm required to commit Second Degree Murder or the lesser offense of Manslaughter, you must find the defendant not guilty.”

   1 later decision quote this exact passage
   e.g. State v. Patterson

3. “JURY INSTRUCTION # 6: "The term intoxication means a condition resulting from the drinking of alcoholic beverage[s] which impairs a person's normal capacity to form a specific intent to kill or inflict great bodily harm." State v. Leroux, 641 So.2d 656, 661 (La.App. 5th Cir.1994).”

   1 later decision quote this exact passage
   e.g. State v. Harris