State v. Barling’s Empirical Analysis

Citation profile

289 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 289 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]o law shall subject any person to cruel or unusual punishment.”

   240 later decisions quote this exact passage
   e.g. 150 So. 3d 547 - State v. Balach · State v. Balach

2. “Failure to make or file a motion to reconsider sentence or to include a specific ground upon which a motion to reconsider sentence may be based, including a claim of excessiveness, shall preclude the state or the defendant from raising an objection to the sentence or from urging any ground not raised in the motion on appeal or review.”

   20 later decisions quote this exact passage
   e.g. 215 So. 3d 761 - State v. Daniels · State v. Debarge

3. “The Court considers the following sentencing guidelines under Article 894.1 of the Code of Criminal Procedure pertinent to these proceedings; to wit: 1. there is an undue risk that during the period of a suspended sentence or probation that the defendant may commit another crime; 2. the defendant is in need of correctional treatment or a custodial environment that can be provided most effectively by his commitment to an institution; and, 3. a lesser sentence will deprecate the seriousness of the defendant's crime. Additionally, the Court considers the following grounds provided in Code of Criminal Procedure Article No.: 894.1, relevant to the sentencing of this defendant, to-wit: 1. the offender's conduct during the commission of the offense manifested deliberate cruelty to the victim; 2. the offender knew or should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability or ill health; 3. the offense resulted in a significant permanent injury to the victim; and, 4. the offender used actual violence in the commission of the offense. A pre-sentence investigation report was prepared by Probation and Parole Officer, Kristin Brouillette, and same has been filed of record in these proceedings. Gerrell Washington is classified as a fourth felony offender with a previous conviction for aggravated battery on 5/1/1995 in Terrebonne Parish, Louisiana (original charge was second degree battery). The defendant's reco”

   10 later decisions quote this exact passage
   e.g. State v. H.L.J. · 9 So. 3d 342 - State v. Perry