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← 773 So. 2d 718 - State v. Brazley

773 So. 2d 718 - State v. Brazley’s Empirical Analysis

2000

Citation profile

4
cited by 4 later decisions
1
states following
January 2011
most recently cited

4 state decisions

Relationships

Relies on Clark v. Taylor · 539 So. 2d 1222 - State v. Azar · 624 So. 2d 890 - Cox Cable v. City of New Orleans · Police Ass'n of New Orleans v. New Orleans · 712 So. 2d 46 - Kimball v. Allstate Ins. Co.

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

  1. “The test for severability is whether the unconstitutional portions of the law are so interrelated and connected with the constitutional parts that they cannot be separated without destroying the intention of the legislative body enacting the law. To be capable of separate enforcement, the valid portion of an enactment must be independent of the invalid portion and must form a complete act within itself. The law enforced after separation must be reasonable in light of the act as originally drafted. The test is whether the legislature would have passed the statute had it been presented with the invalid features removed. Where the purpose of the statute is defeated by the invalidity of part of the act, the entire act is void. Conversely, however, when the general objectives of the act can be achieved without the invalid part, the remaining parts of the act will be upheld.”
    1 later decision quote this exact passage

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.