798 So. 2d 1090 - State v. Graves’s Empirical Analysis
2001
Citation profile
22
cited by 22 later decisions
1
states following
September 2018
most recently cited
22 state decisions
Relationships
Relies on State v. Sepulvado · 404 So. 2d 1205 - State v. Campbell · 414 So. 2d 1210 - State v. Howard · 527 So. 2d 601 - State v. Naquin · 648 So. 2d 872 - State v. Brown
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.
“[Louisiana Constitution Article] I, § 20 guarantees that, "[n]o law shall subject any person to cruel or unusual punishment." To constitute an excessive sentence, the reviewing court must find the penalty so grossly disproportionate to the severity of the crime as to shock our sense of justice or that the sentence makes no measurable contribution to acceptable penal goals and is, therefore, nothing more than a needless imposition of pain and suffering. The trial court has wide discretion in the imposition of sentence within the statutory limits and such sentence shall not be set aside as excessive absent a manifest abuse of discretion. The relevant question is whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate.”
2 later decisions quote this exact passage“The Court considers the following: Mr. Colar is forty years old, he is a mature individual, so he certainly would know what he's doing and have had experience with the law before knowing what happens to him when he commits crimes. I consider his previous history: 1981 he was convicted for Attempted First Degree Murder. In Docket Number 00-478 he was convicted of Possession With Intent to Distribute Marijuana and Cocaine. Docket Number 00-648 he was convicted for Possession With Intent to Distribute Cocaine. And of course in this matter he pled guilty to Possession With Intent to Distribute Cocaine and Possession of Marijuana second or subsequent offender. So Mr. Colar's life has been one basically spent in violating the law and more particularly one crime of violence and three crimes of distribution of drugs, cocaine and marijuana previously. And then of course in this instance another Distribution of Cocaine and Possession of Marijuana, [s]o that the Court finds that Mr. Colar is in need of incarceration both to protect society from Mr. Colar, and because of Mr. Colar's prior offense the Court finds that a lesser sentence then [sic] I'm going to give would depreciate the seriousness of these offenses and his prior record. Of course, he's not a candidate for probation or suspended sentence because in the past he's proved that despite being on probation he continues to commit other crimes, or despite being on parole he continues to commit other crimes. So Mr. Colar basically h”
1 later decision quote this exact passage“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.”
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.