664 So. 2d 665 - State v. Bailey’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “After the close of the State’s case, the trial court stated: “We shall now proceed with the defendant’s case.” The defense counsel |4approached the bench and stated his objection to the above comment because the defense was not planning on presenting any additional evidence. The trial court indicated that he planned to explain that to the jury and did not feel the comment was prejudicial to the defendant. The defendant then asked for a brief recess in order to avoid having to immediately stand and announce that was not going to present a case, which the trial court granted. The defendant then moved for a mistrial, stating the comment referred to defendant’s right to silence. The trial court denied defendant’s motion. After a brief recess, the defendant announced that it had no further evidence to introduce and the trial judge made the following comment to the jury: Ladies and gentlemen, the meaning of that statement is that no further evidence will be presented to you in connection with this case. You must make your decision on the basis of the evidence that you have heard to this point. It is the State’s burden of proof to convince you beyond a reasonable doubt that a crime was committed. The evidence that you have heard has come from witnesses that have been before you and been questioned and cross-examined by the defense, and the defense has presented evidence through that cross-examination process to you. So you will have to consider only the evidence that you have heard ”

   1 later decision quote this exact passage
   e.g. 796 So. 2d 850 - State v. Wright

2. “Under La.Code Crim.P. art. 770, a mistrial is mandatory upon timely motion of the defendant when a remark or comment made within the jury’s hearing by “the judge, district attorney, or a court official” is a direct or indirect reference to “another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible.” A police officer is not a court official; therefore, the mandatory mistrial mandated by Article 770(2) is not applicable. State v. Watson, 449 So.2d 1321 (La.1984), cert. denied, 469 U.S. 1181 , 105 S.Ct. 939 , 83 L.Ed.2d 952 (1985); State v. Henry, 461 So.2d 484 (La.App. 3 Cir.), writ denied, 464 So.2d 313 (La.1984[1985]). However, a discretionary mistrial is appropriate under La. Code Crim.P. art. 771, where the witness is a police officer and the inadmissible other crimes evidence is elicited or should have been anticipated by the prosecutor. State v. Waymire, 504 So.2d 953 (La.App. 1 Cir.1987). .... Under La.Code Evid. art. 401, “ ‘relevant evidence’ means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” According to La.Code Evid. art. 404(B), “evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, i”

   1 later decision quote this exact passage
   e.g. 37 So. 3d 466 - State v. Hollier

3. “Under Rule 403, the trial court is vested with great discretion in determining whether the probative value of a relevant piece of evidence is substantially outweighed by the danger of unfair prejudice. Nigreville v. Federated Rural Elec. Ins., Co., 93-1202 (La.App. 3 Cir. 7/13/94) , 642 So.2d 216 , writ denied, 94-2803 (La.1/27/95), 649 So.2d 384 . No details were introduced concerning the nature of the defendant’s arrests and the State did not pursue the matter any further.”

   1 later decision quote this exact passage
   e.g. 37 So. 3d 466 - State v. Hollier