Sinclair v. Kennedy’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. “The peremptory exception of no cause of action is designed to test the legal sufficiency of the petition by determining whether plaintiff is afforded a remedy in law, based on the facts alleged in the pleadings. Allied Signal, Inc. v. Jackson, 96-0138 (La.App. 1 Cir. 2/14/97) , 691 So.2d 150, 156 . No evidence may be introduced to support or controvert the objection that the petition fails to state a cause of action. LSA-CCP art. 931. For purposes of ruling on the exception, the court must accept all well-pleaded facts in the petition and any annexed documents as true. Ostheimer v. Venvirotek of Louisiana, Inc., 95-2126 (La. App. 1 Cir. 4/30/96), 674 So.2d 337, 343 . Th court should sustain the exception only if the law affords no remedy under any evidence that is admissible under the pleadings. Strickland v. Layrisson, 96-1280 (La.App. 1 Cir. 6/20/97) , 696 So.2d 621, 624 .”

   1 later decision quote this exact passage
   e.g. 769 So. 2d 1270 - Sinclair v. State, Louisiana Department of Public Safety and Corrections

2. “[t]here is no constitutional or inherent right of a convicted person to be conditionally released before the expiration of a valid sentence.”

   1 later decision quote this exact passage
   e.g. 867 So. 2d 743 - Sinclair v. Stalder

3. “are beyond the scope of this court's review.”

   1 later decision quote this exact passage
   e.g. 867 So. 2d 743 - Sinclair v. Stalder