780 So. 2d 349 - State v. Broaden’s Empirical Analysis

Citation profile

56 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “gruesome photographs is not reversible error unless it is clear that their probative value is substantially outweighed by their prejudicial effect.”

   6 later decisions quote this exact passage
   e.g. State v. Chattman · State v. Guidry

2. “), the admission of other crimes evidence is subject to harmless error analysis. State v. Johnson, 94-1379, pp. 16-17 (La.11/27/95), 664 So.2d 94, 101-02 . Id. at p. 7, 824 So.2d at 1247 , quoting State v. Broaden, 99-2124 (La.2/22/01), 780 So.2d 349, 367 . During opening argument the State said:”

   4 later decisions quote this exact passage
   e.g. 824 So. 2d 1240 - State v. Juarbe · 871 So. 2d 1240 - State v. Brown

3. “A criminal defendant charged with a felony has a right to be present "[a]t the calling, examination, challenging, impaneling, and swearing of the jury, and at any subsequent proceedings for the discharge of the jury or of a juror. . . ." La.Code Crim. Proc. art. 831A(3); State v. Hampton, 99-2605, pp. 1-2 (La.5/28/99), 737 So.2d 699, 700 . The rule is broader than an accused's due process right to be present at all stages of trial when his absence might frustrate the fairness of the proceeding. Id., citing United States v. Gagnon, 470 U.S. 522 , 105 S.Ct. 1482 , 84 L.Ed.2d 486 (1985). Yet the provisions of Article 831 are not absolute. In addition, an accused may waive his presence by voluntary absence, La.Code Crim. Proc. art. 832, or by not objecting to his absence from an Article 831A(3) hearing, as required under the general contemporaneous objection rule to preserve the matter. La. Code Crim. Proc. art. 841; State v. Taylor, 93-2201, pp. 4-7 (La.2/28/96), 669 So.2d 364, 367-69 .”

   3 later decisions quote this exact passage
   e.g. 861 So. 2d 829 - State v. Sias · 974 So. 2d 891 - State v. Cox