State v. Hansbro’s Empirical Analysis

Citation profile

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

1. “Louisiana C. Cr. P. art. 382(A) provides in part that a prosecution of an offense punishable by death or life imprisonment shall be instituted by grand jury indictment. Second degree murder is punishable by life imprisonment. La. R.S. 14:30.1(B). Therefore, the defendant's prosecution for second degree murder should have been instituted by a grand jury indictment. However, district attorneys are empowered to amend indictments to charge lesser offenses. The state may abandon the charge of a greater crime and proceed with prosecution for the lessor crime and no formal indictment is necessary for that purpose. Thus, the district attorney had the power to amend the charge to second degree murder without a formal indictment. In any event, the defendant did not file a pre-trial motion to quash based on this ground, as per La. C. Cr. P. art. 533(5). Thus, even though the lack of a "true bill" endorsement is an error patent, the error is waived due to the defendant's failure to file a motion to quash before trial. (Citations omitted)”

   1 later decision quote this exact passage
   e.g. 892 So. 2d 161 - State v. Thomas

2. “Amended Bill of Indictment (Bill of Information)”

   1 later decision quote this exact passage
   e.g. 892 So. 2d 161 - State v. Thomas