649 So. 2d 519 - State v. Gardner’s Empirical Analysis

Citation profile

1 state decisions

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

1. “We have considered the holding of [ State v. ] Allen, [ 539 So.2d 1232 (La. 1989)] in conjunction with LSA-C.Cr.P. Art. 680 and conclude that the trial court erred by granting the defendant's motion to recuse Mr. Walters and Mr. Jackson from prosecuting this case. Unlike the facts addressed in Allen, supra, Mr. Walters and Mr. Jackson's brief contact with the defendant bears no substantial relationship to any of the elements needed to convict the defendant for his fourth DWI offense. When the defendant entered his previous guilty pleas, Mr. Walters was discharged. The defendant was represented only by Mr. Larvadain when he entered his guilty pleas and the minutes from these guilty pleas so reflect. Since these predicate DWI offenses are guilty pleas, the inquiry as to their constitutional validity will only concern Mr. Larvadain, not Mr. Walters and Mr. Jackson. Accordingly, under these circumstances, we find that Mr. Walters' limited representation of the defendant for his December 27, 1985, and February 1, 1986, DWI charges fails to involve matters substantially related to any element of the DWI charge now against the defendant. The record indicates that after being replaced as counsel by Mr. Larvadain on October 6, 1987, Mr. Walters ceased all contact with the defendant and played no role in the defendant's decision to plead guilty to the DWI charges in question on April 5, 1988. A fortiori, we also reach the same conclusion regarding Mr. Jackson's consultation with the de”

   1 later decision quote this exact passage
   e.g. 956 So. 2d 83 - State v. Baker