787 So. 2d 516 - State v. Charles’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[C]ompromise verdicts are permissible, so long as the evidence supports either the verdict given or the original charge.”

   7 later decisions quote this exact passage
   e.g. State v. ML JR. · 968 So. 2d 1178 - State v. Perkins

2. “It is the defendant's burden to prove by a preponderance of the evidence that there are such mitigating factors as "heat of blood" or "sudden passion." State v. Baldwin, 96-1660 (La.12/12/97); 705 So.2d 1076 . "Heat of blood" or "sudden passion" is defined by case law as an act committed in response to such provocation sufficient to deprive an average person of his self-control and cool reflection. State v. Miller, 98-642 (La. App. 3 Cir. 10/28/98); 720 So.2d 829 . . . . Case law requires that there be some act or series of acts by the victim sufficient to deprive a reasonable person of cool reflection. State v. Jack, 596 So.2d 323 (La.App. 3 Cir.1992), writ denied, 92-1052 (La.6/5/92); 600 So.2d 611 . Further, an argument alone will not be a sufficient provocation in order to reduce a murder charge to manslaughter. State v. Miller, 98-642 (La.App. 3 Cir. 10/28/98) ; 720 So.2d 829 , citing State v. Gauthier, 546 So.2d 652 (La.App. 4 Cir. 1989).”

   1 later decision quote this exact passage
   e.g. State v. Runyon

3. “[I]n an act that did not result in a death, there is a twofold inquiry: (1) from the facts presented, was the use of force reasonable under the circumstances; and, (2) a subjective inquiry into whether the force was apparently necessary. State v. Perkins, 527 So.2d 48 (La.App. 3 Cir.1988). Further, it is the Defendant's burden in a non-homicide to establish by a preponderance of the evidence that self-defense was justified. [State v.] Anderson, [ 98-492 (La.App. 3 Cir. 10/28/98) ,] 721 So.2d 1006 , [ writ denied, 98-2976 (La.3/19/99), 739 So.2d 781 ].”

   1 later decision quote this exact passage
   e.g. 986 So. 2d 682 - State v. Baker