644 So. 2d 230 - State v. Wise’s Empirical Analysis

Citation profile

3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under Smith , the trial judge has "complete discretion to reject the Guidelines" which means the suggested sentence may be ignored, as well as the listed aggravating and mitigating factors.”

   2 later decisions quote this exact passage
   e.g. State v. Kitchen · 649 So. 2d 1100 - State v. Soraparu

2. “(1) while a trial judge must consider the guidelines, he has complete discretion to reject the Guidelines and impose any sentence which is not constitutionally excessive (FN: `In Louisiana, the trial judge has primary responsibility for determination of whether the sentence is constitutionally excessive. See State v. Dorthey, 623 So.2d 1276, 1280-81 (La.1993)) but is within the statutory sentencing range for the crime of which a defendant has been convicted, so long as he states for the record the considerations taken into account and the factual basis for his imposition of that sentence, La.Code Cr.P. art. 894.1; and (2) where the trial judge has considered the Guidelines and imposed a sentence, adequately stating for the record the considerations taken into account and the factual basis for imposition of that sentence, an appellate court is limited to a review of the sentence imposed for constitutional excessiveness, without regard as to whether the trial judge either employed or deviated from the Guidelines.”

   1 later decision quote this exact passage
   e.g. 649 So. 2d 1100 - State v. Soraparu

3. “complete discretion to reject the Guidelines”

   1 later decision quote this exact passage
   e.g. 649 So. 2d 1100 - State v. Soraparu