650 So. 2d 1223 - State v. Abbott’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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I'm going to depart from the mandatory minimum sentence, which would be 99 years to life. However, the Court is of the opinion that—And the reason for the departure are those indicated that the Court should observe in Dorthey that any sentence beyond this would be constitutionally excessive. However, the Court is of the opinion that the defendant should not receive the minimum sentence of 20 years in this matter. The defendant's 33 years old. He has violent crime in his past for armed robbery. And I do consider breaking into someone's home a violent crime as well, a 62.2. Which now the legislature has seen fit to elevate and make part of this statute, although it wasn't in at the time when he was convicted. Also, we do have the facts of this case which are somewhat bizarre. But I agree with the jury's finding in that the defendant committed an armed robbery with a weapon of the victim in this case. I've given reasons previously and they apply here. The good part about it is that the defendant didn't hurt the victim. He certainly scared him considerably. But thank goodness the victim wasn't hurt. And I am taking that into consideration. By the same token, the defendant does have these very serious prior felonies, armed robbery, burglary of an inhabited dwelling, and possession of cocaine. And accordingly, it is the sentence of this Court that the defendant be committed to the Louisiana State Department of Corrections at hard labor for a term of 30 years, without benefit of par”

   1 later decision quote this exact passage
   e.g. 673 So. 2d 256 - State v. Morgan

2. “[T]he Court clearly understood that the test in Dorthey requires that before a sentence can be reduced below the mandatory minimum, the court must find the mandatory minimum sentence unconstitutionally excessive as to the defendant. The record satisfies us that there was such a finding.”

   1 later decision quote this exact passage
   e.g. 673 So. 2d 256 - State v. Morgan

3. “[A] punishment is constitutionally excessive if it makes no measurable contribution to acceptable goals of punishment and is nothing more than the purposeless imposition of pain and suffering and is grossly out of proportion to the severity of the crime.”

   1 later decision quote this exact passage
   e.g. 673 So. 2d 256 - State v. Morgan