State v. LeBlanc’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. “Despite the general rale, in State v. Williamson, 389 So.2d 1328 (La.1980), the Supreme Court reviewed an erroneous jury instruction even though the defendant failed to object at trial. The court stated: [T]he asserted error involves the very definition of the crime of which the defendant was in fact convicted. Such an error is of such ] ^importance and significance as to violate fundamental requirements of due process. 389 So.2d at 1331 . But, in State v. Thomas, 427 So.2d 428 (La.1982), on rehearing, the Supreme Court cautioned: Williamson should not be construed as authorizing appellate review of every alleged constitutional violation and erroneous jury instruction urged first on appeal without timely objection at occurrence. 427 So.2d at 435 . In Thomas , the trial court erroneously instructed the jury on the basis of a superseded first degree murder statute. The Supreme Court rejected the notion that there exists in Louisiana criminal jurisprudence a so-called “plain error rule,” authorizing appellate review of the record for plain errors even in the absence of a contemporaneous objection. 427 So.2d at 432-33 . In dicta, the court noted that, even if it had reviewed the claim of error, no relief was warranted because the defendant failed to demonstrate that he was substantially prejudiced by the irregularity. Also, in another post-Williamson decision, State v. Belgard, 410 So.2d 720 (La.1982), the trial court gave an instruction to the jury from which it could have infer”

   2 later decisions quote this exact passage
   e.g. 806 So. 2d 64 - State v. Porter · 811 So. 2d 38 - State v. Jarvis

2. “[a] party may not assign as error the giving or failure to give a jury charge or any portion thereof unless an objection thereto is made before the jury retires or within such time as the court may reasonably cure the alleged error.”

   1 later decision quote this exact passage
   e.g. 811 So. 2d 38 - State v. Jarvis

3. “the jury could conclude that defendant deliberately aimed toward the car's occupants with an intent to kill.”

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