State v. Guidroz’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Second Circuit, in State v. Rubalcava, 28,325 (La.App. 2nd Cir. 5/8/96), 674 So.2d 1035 , upheld a 20 year sentence for aggravated incest where the defendant had fondled and performed oral sex upon his 8 year old step-granddaughter. In State v. Blue, 591 So.2d 1173 (La.App. 1st Cir.1991), the First Circuit held that, although defendant’s conduct did not cause any physical harm to the victim, the charge resulted from a single incident and defendant had no prior criminal history, a 12 year sentence was not excessive upon a conviction for molestation of a juvenile. The trial court noted that the event caused emotional trauma to the victim, defendant’s daughter. However, the Louisiana Supreme Court in State v. Blue, 591 So.2d 1172 (La.1992), overturned the decision, holding that: “the record of | ^sentencing does not demonstrate adequate compliance with LSAC.Cr.P. art. 894.1 nor provide a factual basis for imposition of a near maximum term of imprisonment for the defendant, a first offender convicted for a single incident of molestation.” In State v. Orgeron, 620 So.2d 312 (La.App. 5th Cir.1993) this Court concluded that concurrent sentences of 20 years imprisonment at hard labor for forcible rape, 20 years for aggravated oral sexual battery, and 15 years for molestation of a juvenile were not excessive. In imposing the sentences, the trial judge noted that defendant was the victim’s stepfather, held a position of authority over her, the victim suffered serious emotional prob”

   1 later decision quote this exact passage
   e.g. 165 So. 3d 387 - State v. Clifton

2. “A district attorney shall be recused when he: (1) Has a personal interest in the cause or grand jury proceeding which is in conflict with fair and impartial administration of justice; (2) Is related to the party accused or to the party injured, or to the spouse of the accused or party injured, or to a party who is a focus of a grand jury investigation, to such an extent that it may appreciably influence him in the performance of the duties of his office; or (3) Has been employed or consulted in the case as attorney for the defendant before his election or appointment as district attorney.”

   1 later decision quote this exact passage
   e.g. 845 So. 2d 1104 - State v. MacCracken

3. “The other crimes evidence will no doubt be prejudicial; all evidence which tends to make it more probable than not that an individual committed a criminal offense is necessarily prejudicial.”

   1 later decision quote this exact passage
   e.g. 772 So. 2d 845 - State v. Dickerson