76 So. 3d 55 - State v. Parker’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A trial court must instruct the jury as to the law applicable to responsive verdicts. La.C.Cr.P. art. 803. La.C.Cr.P. art. 802 mandates that the trial court instruct the jury as to the law applicable to each case. This rule has been interpreted as requiring the trial court to charge the jury, when properly requested, as to the law applicable to any theory of defense which the jurors could reasonably infer from the evidence. See La.C.Cr.P. art. 807, which provides in part that requested special written charge shall be given “if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent.” See also State v. Goodley, 2001-0077 (La.6/21/02), 820 So.2d 478 ; State v. Jackson, 450 So.2d 621, 632 (La.1984); State v. Scott, 2009-0138 (La.App. 4 Cir. 11/18/09) , 26 So.3d 283 , writ den., 2009-2773 (La.6/18/10), 38 So.3d 320 ; State v. Patterson, 99-994 (La.App. 5 Cir. 1/25/00) , 752 So.2d 280 . As noted by this court i n State v. Jenkins, 98-1603, pp. 23-24 (La.App. 4 Cir. 12/29/99) , 750 So.2d 366 , 379: “The refusal to give a requested special charge does not warrant reversal of a defendant’s conviction unless it prejudices substantial rights of the accused. La.C.Cr.P. article. 921; State v. Marse, 365 So.2d 1319 (La.1978); State v. Johnson, 514 So.2d 684 (La.App. 2d Cir.1987).” In Goodley , a murder case, the Court found that the trial court did not err in failing to instruct the jury on theft, with respect to the responsive verdict of m”

   1 later decision quote this exact passage
   e.g. 120 So. 3d 912 - State v. Perkins

2. “The state and the defendant shall have the right before argument to submit to the court special written charges for the jury. Such charges may be received by the court in its discretion after argument has begun. The party submitting the charges shall furnish a copy of the charges to the other party when the charges are submitted to the court. 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.”

   1 later decision quote this exact passage
   e.g. 120 So. 3d 912 - State v. Perkins