684 So. 2d 68 - State v. Bowie’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State is required to show more than a mere deviation from the standard of ordinary care to establish proof of criminal negligence. State v. Jones, 298 So.2d 774 (La.1974). The negligent homicide statute proscribes conduct that goes beyond carelessness, mistake, error in judgment or omission of duty. State v. Fenner, 94-1498 (La. App. 4 Cir. 11/16/95, 664 So.2d 1315 ). 664 So.2d 1315 [. writ denied. 95-3001 (La.4/29/96), 672 So.2d 679 ], It is more than the mere failure to do something which a reasonable and prudent man would do, or the mere doing of something which a reasonable and prudent man might not do, on cool reflection, after considering the degree of harm likely to follow. Further, the "consequences” alone do not determine the criminal culpability of the actor. Stale v. Bowie, 95-0795. p, 2 (La.App. 3 Cir. 11/13/96), 684 So.2d 68, 70 . writ granted on other grounds, 96-2987 (La. 1/31/97), 687 So.2d 369 .”

   2 later decisions quote this exact passage
   e.g. State v. Desoto · 968 So. 2d 146 - State v. Desoto

2. “[W]e remand the case to the trial court for further proceedings consistent with this opinion and with instructions that it shall conduct an additional Boykin hearing to determine whether a significant factual basis for the plea entered by defendant exists and whether the plea was freely and voluntarily entered as required by the principles articulated in [North Carolina v.] Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 [(1970)]. If at the conclusion of this hearing and after granting the State opportunity to present other evidence, the trial judge finds a legally ^sufficient factual basis exists to support the charged offense, he is instructed further to re-examine the sentence imposed in this case particularly considering the observation of this court and the Louisiana Sentencing Guidelines, in effect at the time of original sentencing, to determine whether the sentence imposed is appropriate and not excessive.”

   1 later decision quote this exact passage
   e.g. 705 So. 2d 1291 - State v. Bowie

3. “[A]n altercation began between [Babi-neaux] and a “large number of males.” The arguing group moved from [the bar’s] entrance to the parking lot, and the verbal encounter between Babineaux and the group of males escalated into a physical fight. The group of males, comprised of approximately 30 males, encircled Babi-neaux and began to administer on him a ‘fairly severe beating.’ Realizing they were outnumbered, Bowie [and the others] standing outside the bar, tried to leave. Several males splintered from the group and began following them.[Bowie’s other friends] were struck by several unidenti fied males in the parking lot as they attempted to make good their escape.”

   1 later decision quote this exact passage
   e.g. 702 So. 2d 1151 - State v. Thomas