764 So. 2d 945 - State v. Brewster’s Empirical Analysis
2000
Citation profile
6
cited by 6 later decisions
1
states following
January 2005
most recently cited
6 state decisions
Relationships
Relies on 646 So. 2d 859 - Vallo v. Gayle Oil Co., Inc. · Summerell v. Phillips · State v. Hudson · State v. Gatlin · State v. Cinel
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general rule, courts should not reach the question of a statute's constitutionality when its unconstitutionality has not been placed at issue by one of the litigants. See Vallo v. Gayle Oil Co. Inc., 94-1238, (La.1994), 646 So.2d 859 . Unless a statute as drawn is clearly unconstitutional on its face, it is preferred that the parties to a dispute uncover any constitutional defects in a statute through the dialectic of our adversarial system; for a court sua sponte to declare a statute unconstitutional is a derogation of the strong presumption of constitutionality accorded legislative enactments.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.