Louallen v. State’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. “[in] failing to instruct the jury regarding the mens rea element of the offense-with intent to arouse or satisfy the sexual desires of Jaco or the child-the trial court committed fundamental error.”

   2 later decisions quote this exact passage
   e.g. Jaco v. State · Louallen v. State

2. “Although the child molesting statute is silent as to a mens rea requirement, criminal intent is an element of the offense. State v. J.D., 701 N.E.2d 908, 909 (Ind.Ct.App.1998), trans. denied; Warren v. State, 701 N.E.2d 902, 905 (Ind.Ct.App.1998), trans. denied, 714 N.E.2d 165 (1999). Our pattern jury instructions use “knowingly or intentionally” as the mens rea; however, our case law appears to have adopted only the mens rea of “intentionally.” This adoption seems to be based, at least in part, on the wording of the child molesting statute which states “with intent to arouse or satisfy.” (emphasis added). Moreover, Ind.Code § 35-41-2-2(d) states that: “[ujnless the statute defining the offense provides otherwise, if a kind of culpability is required for commission of an offense, it is required with respect to every material element of the prohibited conduct.” Thus, the “intentional” requirement of the child molesting statute is applicable to the fondling or touching element, as well as to the element of arousing or satisfying sexual desires.”

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

3. “We will not revise a sentence that is authorized by statute unless the sentence is manifestly unreasonable in light of the nature of the offense and the character of the offender. As our appellate courts have stated numerous times, the issue is not whether in our judgment the sentence is unreasonable, but whether it is 'clearly, plainly, and obviously so.!”

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