State v. Jeselink’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.”

   2 later decisions quote this exact passage
   e.g. State v. Nealon · State v. Johnson

2. “In State v. McClure, 34,880 (La.App.2d Cir.8/22/01), 793 So.2d 454 , this court held: Whether a weapon is dangerous is a factual question for the jury to determine upon considering not only the character of the weapon, but by whom, upon whom, and in what manner it was used. State v. Hopkins, 96-1063 (La.App. 3d Cir.3/5/97), 692 So.2d 538 ; State v. Taylor, 485 So.2d 117 (La.App. 2d Cir.1986). The term "dangerous weapon" is not limited to those instrumentalities which are inherently dangerous, but includes any instrumentality "which in the manner used, is calculated or likely to produce death or great bodily harm." La. R.S. 14:2(3); State v. Bonier, 367 So.2d 824 (La.1979). .... Furthermore, the jurisprudence has long held that unworkable or unloaded guns can constitute dangerous weapons when used in a manner likely to produce death or great bodily harm. The likelihood of this serious harm can come from the threat perceived by victims. State v. Woods, 494 So.2d 1258 (La.App. 2d Cir.1986). In State v. Leggett, 363 So.2d 434, 440 (La.1978), abrogated on different grounds as recognized in State v. Anderson, 603 So.2d 776 (La.App. 1st Cir.1992), the dangerous weapon test was met where the weapon used was an air pistol or pellet pistol which could possibly kill or cause great bodily harm. The Leggett court also noted that even an unloaded weapon could be used to strike a victim.”

   1 later decision quote this exact passage
   e.g. 892 So. 2d 702 - State v. Lewis

3. “To convict a defendant of armed robbery, the state is required to prove: (1) a taking (2) of anything of value (3) from a person or in the immediate control of another (4) by the use of force or intimidation (5) while armed with a dangerous weapon. La. R.S. 14:64; State v. Jeselink, 35, 189[, pp. 7-8] ([La.App.2d Cir.10/31/01]), 799 So.2d 684 [, 690].”

   1 later decision quote this exact passage
   e.g. 164 So. 3d 425 - State v. Arceneaux