799 So. 2d 578 - State v. Holley’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he fact that the record contains evidence which conflicts with the testimony accepted by the trier of fact does not render the evidence accepted by the trier of fact insufficient.”

   3 later decisions quote this exact passage
   e.g. State v. Waguespack · 949 So. 2d 520 - State v. Mayeux

2. “THE COURT: All right. Is he ready for sentencing? All right. Have the record reflect that Mr. Rosheed Guillory is present in court with his attorney. Mr. Rosheed was convicted of aggravated rape by this Court. The facts surrounding this incident was [sic] as egregious as I’ve ever seen. Potentially, the victims were ambushed in this case for no apparent reason. And this Court is just |1fisimply disturbed at the activities of these defendants in the commission of the offense. Having said that, it is the sentence of this Court that the defendant shall be sentenced to imprisonment at hard labor for life without benefit of probation, parole or suspension of sentence. MR. STUTES: [prosecutor] He was also convicted of aggravated burglary, first degree robbery, and unauthorized use of a motor vehicle. THE COURT: What is the Statute? MR. STUTES: Aggravated burglary is 14:60. THE COURT: Fourteen sixty (14:60)? MR. STUTES: Yes. And the penalty is imprisonment at hard labor not less than one (1) nor more than thirty (30) years. THE COURT: All right. On that, I’ll sentence him to five (5) years to run concurrent. What are the other ones? MR. STUTES: First degree robbery is 14:64.1. The penalty is imprisonment at hard labor not less than three (3) nor more than forty (40) without benefit of parole, probation, or suspension of sentence. THE COURT: Five (5) years to run concurrent. MR. STUTES: And the fourth is the unauthorized use of a motor vehicle. It’s Title 14:68.4. It’s with or withou”

   1 later decision quote this exact passage
   e.g. 129 So. 3d 108 - State v. Guillory

3. “Here, the trial judge, as the trier of fact, was presented with the contradictory testimony of the victim and the defendant regarding the events of March 23, 1996. Ultimately, the trial judge chose to accept [the victim’s] version of events, finding the defendant guilty of attempted forcible rape. As stated previously, it is the primary function of the factfin-der to weigh the respective credibility of each witness, and the resulting credibility determinations should not be second-guessed on appeal beyond the sufficiency evaluations under the Jackson standard of review. Therefore, after viewing the facts of this case in the light most favorable to the State, we find no clear error in the trial judge’s decision to credit [the victim’s] testimony or in the determination that the State carried its burden of proving the essential elements of attempted forcible rape. This assignment of error is without merit.”

   1 later decision quote this exact passage
   e.g. 83 So. 3d 250 - State v. Perkins