762 So. 2d 615 - State v. Allen’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “fw]hen the court imposes a sentence, the court shall designate whether the crime involved is a crime of violence as defined or enumerated in R.S. 14:2(B).” The court’s omission is harmless, since the legislative intent behind Article 890.1 A is to put the Department of Corrections on notice of defendants'”

   2 later decisions quote this exact passage · from the majority
   e.g. 804 So. 2d 893 - Coates v. Day · 7 So. 3d 744 - State v. Mitchell

2. “"Crime of violence" means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as "crimes of violence"....”

   1 later decision quote this exact passage · from the majority
   e.g. 804 So. 2d 893 - Coates v. Day

3. “In such a case, the DOC properly does not make the legal determination of whether the crime falls under the statutory definition of crime of violence, because the DOC is without authority to determine which unenumerated crimes are crimes of violence. The DOC depends upon the designation that Article 890.1 A requires the trial judge to make.”

   1 later decision quote this exact passage · from the majority
   e.g. 804 So. 2d 893 - Coates v. Day