677 So. 2d 553 - State v. Jasper’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Other factors include whether the statement is self-serving or in response to an inquiry, whether the statement is expanded beyond a description of events to include past or future facts, and whether the declarant performed tasks requiring reflective thought between the event and the statement.”

   3 later decisions quote this exact passage
   e.g. State v. Odoms · 773 So. 2d 849 - State v. McBride

2. “Photographs are generally admissible if they illustrate any fact, shed light upon any issue in the case, or serve to describe the person, thing or place depicted. State v. Landry, 388 So.2d 699 (La.1980), cert. denied, 450 U.S. 968 , 101 S.Ct. 1487 , 67 L.Ed.2d 618 (1981); State v. Perow, 616 So.2d 1336 (La.App. 2d Cir.), writ denied, 623 So.2d 1303 (La. 1993). The test for admissibility of gruesome photographs is whether their probative value outweighs any prejudicial effect which may result from the display to the jury. State v. Eaton, 524 So.2d 1194 (La.1988), cert. denied, 488 U.S. 1019 , 109 S.Ct. 818 , 102 L.Ed.2d 807 , reh'g denied, 489 U.S. 1061 , 109 S.Ct. 1332 , 103 L.Ed.2d 600 (1989). Photographs of a victim's body depicting fatal wounds are generally relevant in proving corpus delicti; establishing the victim's identity and the location, severity, and number of wounds; and corroborating other evidence of the manner in which the death occurred. State v. Eaton, supra . The trial court has great discretion in admitting photographs into evidence. Absent an abuse of that discretion, the ruling will not be disturbed. State v. Perow, supra .”

   1 later decision quote this exact passage
   e.g. 755 So. 2d 297 - State v. Dubroc

3. “A motion for a continuance based upon the absence of a witness must state: (1) facts to which the absent witness is expected to testify, showing the materiality of the testimony and the necessity for the presence of the witness at the trial; (2) facts and circumstances showing a probability that the witness will be available at the time to which the trial is deferred; and (3) facts showing due diligence used in an effort to procure attendance of the witness.”

   1 later decision quote this exact passage
   e.g. 961 So. 2d 607 - State v. Ray