657 So. 2d 1106 - State v. Marshall’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Sufficient evidence of intent to kill has been found where the defendant shot a gun at the victim. State v. Davis, 93-0663 (La.App. 4 Cir. 2/25/94) ; 633 So.2d 822 ; State v. Pittman, 604 So.2d 172 (La. App. 4th Cir.1992), writ denied, 610 So.2d 796 (La.1993). A principal is defined as a person concerned in the commission of a crime, whether present or absent, and whether he directly commits the act constituting the offense, aids and abets in its commission, or directly or indirectly counsels or procures another to commit the crime. La. R.S. 14:24. Only persons who knowingly participate in the planning or execution of a crime are principals. Mere presence at the scene is not enough. State v. Pierre, 93-0893 (La.2/3/94); 631 So.2d 427 . An individual may only be convicted as a principal for a crime for which he personally has the requisite mental state. State v. Holmes, 388 So.2d 722 (La.1980). Specific intent is the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. La. R.S. 14:10(1). Specific criminal intent may be proved by direct evidence or inferred from the actions of the defendant or the circumstances present. State v. Hawkins, 93-1260 (La. App. 4th Cir. 1/27/94); 631 So.2d 1288 , writ denied, 94-0301 (La.6/24/94); 640 So.2d 1341 . Under Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979), to determine sufficiency of the e”

   2 later decisions quote this exact passage
   e.g. 699 So. 2d 903 - State v. Graves · 686 So. 2d 1021 - State v. Hampton

2. “concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime....”

   1 later decision quote this exact passage
   e.g. 686 So. 2d 1021 - State v. Hampton

3. “[T]he killing of a human being: (3) When the offender has a specific intent to kill or to inflict great bodily harm upon more than one person; ...”

   1 later decision quote this exact passage
   e.g. 699 So. 2d 903 - State v. Graves