70 So. 3d 998 - State v. Ray’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. “In State v. Landry, 20031671 pp. 4-5 (La.App. 4th Cir. 3/31/04) 871 So.2d 1235, 1239 , the Court set forth a standard of review for excessive sentencing claims: La. Const, art. I, § 20 explicitly prohibit excessive sentences. State v. Baxley, 94-2982, p. 4 (La.5/22/95), 656 So.2d 973, 977 . Although a sentence is within the statutory limits, the sentence may still violate a defendant’s constitutional right against excessive punishment. State v. Francis, 96-2389, pp. 6-7 (La.App. 4th Cir. 4/15/98), 715 So.2d 457, 461 . However, theJjjpenalties provided by the legislature reflect the degree to which the criminal conduct is an affront to society. Baxley, supra. A sentence is constitutionally excessive if it makes no measurable contribution to acceptable goals of punishment, is nothing more than the purposeless imposition of pain and suffering, and is grossly out of proportion to the severity of the crime. State v. Johnson, 97-1906, pp. 6-7 (La.3/4/98), 709 So.2d 672, 676 . A sentence is grossly disproportionate if, when the crime and punishment are considered in light of the harm done to society, it shocks the sense of justice. Baxley , 94-2982 at p. 10, 656 So.2d at 979 . As articulated in State v. Stanfield, 10-0854, p. 6-7 (La.App. 4th Cir. 1/19/11) 56 So.3d 428, 430 , in reviewing a claim that a sentence is excessive the appellate court generally must determine whether the trial judge has adequately complied with statutory guidelines in La.C. Cr. Proc. art. 894.1, and whethe”

   1 later decision quote this exact passage
   e.g. State v. Celestain

2. “[I]t is necessary to consider whether [defendant] had a reasonable belief that he was in imminent danger of losing his life or receiving great bodily harm and whether the killing was necessary, under the circumstances, to save [defendant] from that danger.”

   1 later decision quote this exact passage
   e.g. State v. Daniels