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← 795 So. 2d 435 - State v. Byrnside

795 So. 2d 435 - State v. Byrnside’s Empirical Analysis

2001

Citation profile

9
cited by 9 later decisions
1
states following
June 2025
most recently cited

8 state decisions

How this case has been cited

Cited by 9 later decisions — most recently June 2025

8 state decisions

60200120102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 338 So. 2d 584 - State v. Crosby · 645 So. 2d 1144 - State v. Louis · 359 So. 2d 174 - State v. Collins · 749 So. 2d 16 - State v. Guilbeaux · 686 So. 2d 1053 - State v. Bishop

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

  1. “The original plea agreement which Defendant is trying to enforce is prohibited by law. La. C.CrJP. art, 893 provides that “the court shall not suspend the sentence of a conviction for a crime of violence as defined in R.S. 14:2(13) ... (e)....” La. R.S. 14:2(13)(e) lists aggravated battery as a crime of violence. Thus, the “contract” Defendant is trying to enforce—article 893 treatment—has an unlawful cause. The contract then cannot exist under article 1966 and is an absolute nullity under La. C.C. art. 2030 which provides, in pertinent part: ... a contract is absolutely null when it violates a rule of public order, as when the object of a contract is illicit or immoral. A contract that is absolutely null may not be confirmed. Absolute nullity may be invoked by any person or may be declared by the court on its own initiative. Thus, the jurisprudence leads us to conclude that this entire “contract” is a nullity. It has been held that a plea bargain, which attempted to afford a defendant an illegally lenient sentence in that it allowed for a suspended sentence for a third-felony offender, was an absolute nullity which could not be confirmed on appeal. State v. Guilbeaux, 99591 (La. App. 5th Cir. 11/10/99), 749 So.2d 16 . In that case, the court held that it was not in 1 «society’s best interest to uphold a plea bargain that afforded an illegally lenient sentence. Likewise, the plea bargain in the case sub judice is not enforceable,”
    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.