757 So. 2d 115 - State v. Ballay’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Art. 771. Admonition In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial ... when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury: (1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or (2) When the remark or comment is made by a witness or person other than the judge, district attorney, or a court official, regardless of whether the remark or comment is within the scope of Article 770. In such cases, on motion of the defendant, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant a fair trial.”

   3 later decisions quote this exact passage
   e.g. State v. Williams · State v. Falkins

2. “(c) If the fourth or subsequent felony is such that, upon a first conviction the offender would be punishable by imprisonment for any term less than his natural life then: (i) The person shall be sentenced to imprisonment for the fourth or subsequent felony for a determinate term not less than the longest prescribed for a first conviction but in no event less than twenty years and not more than his natural life;”

   2 later decisions quote this exact passage
   e.g. 92 So. 3d 1243 - State v. Jackson · 38 So. 3d 391 - State v. Woods

3. “|1(iThe defendant argues that the trial court erred in failing to give the jury a special jury charge on legal presumptions that states “that evidence under the control of a party and not produced by him was not produced because it would not have aided him” pursuant to La. R.S. 15:432. The State responds that the trial court’s general charges regarding legal presumption are a proper recitation of La.R.S. 15:432 and there was no need for a special instruction. The State further responds that the proposed jury instruction is not “wholly correct and pertinent” because the items not produced were not in the control of the State and the trial court correctly did not adopt the defendant’s proposed jury instruction. Failure to read a special jury charge constitutes reversible error only when there is prejudice to the substantial rights of the defendant or the violation of some constitutional or statutory right. State v. Bailey, 97-493 (La.App. 5 Cir. 11/12/97) , 703 So.2d 1325, 1330 . La.C.Cr.P. art. 807 provides, in pertinent part: A requested special charge shall be given by the court if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent. It need not be given if it is included in the general charge or in another special charge to be given. The requested charge was based on La.R.S. 15:432 which provides in pertinent part: A legal presumption relieves him in whose favor it exists from the necessity of any proof; but may none the ”

   1 later decision quote this exact passage
   e.g. 81 So. 3d 760 - State v. Barfield