State v. Varnado’s Empirical Analysis
2001
Citation profile
17
cited by 17 later decisions
1
states following
June 2019
most recently cited
17 state decisions
Relationships
Relies on Jackson v. Virginia · State v. Oliveaux · State v. Weiland · 400 So. 2d 650 - State v. Bias · 779 So. 2d 865 - State v. Jason
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In State v. Bias, 400 So.2d 650 (La.1981) the Louisiana Supreme Court, in clarifying the conduct proscribed by La. R.S. 14:68, reversed the defendant’s conviction for unauthorized use of a movable under circumstances where the defendant had retained possession of a television set following default in rental payments. The Court held that the retention of the television set after the default in rental payments did not constitute “use without consent” or “use by fraudulent practices” for the purpose of the statute prohibiting the unauthorized use of a movable. In interpreting La. R.S. 14:68, the Louisiana Supreme Court expressly held that the “statute proscribing the unauthorized use of a movable requir[es] a showing or mens rea or criminal intent, since the ‘evil’ state of mind of the actor normally distinguishes criminal acts (punishable by the state alone) from mere civil wrongs (actionable by private individuals against one another).” In State v. Spencer, 97-811 (La.App. 5th Cir.1/27/98), 707 So.2d 119 , this Court applied Bias and held that although R.S. 14:68.4 does not require a person to act with an intent to deprive the owner permanently of his property, the statute requires the existence of fraudulent intent, which may be proven by circumstantial evidence. Spencer, supra. In Spencer , this Court found sufficient evidence to uphold the Defendant’s conviction for unauthorized use of a motor vehicle when he took a vehicle from a car dealership for a test drive and did not”
1 later decision quote this exact passage“Unauthorized use of a motor vehicle is the intentional taking or use of a motor vehicle which belongs to another, either without the other's consent, or by means of fraudulent conduct, practices, or representations, but without any intention to deprive the other of the motor vehicle permanently.”
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.