799 So. 2d 732 - State v. Pierce’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In this case, the Defendant was charged and convicted of one count of third offense DWI, two counts of manslaughter, and one count of first degree vehicular negligent injuring. The manslaughter charges must be supported by the commission of a felony or an attempt to commit a felony. The Defendant was specifically charged with manslaughter based upon the “perpetration or the attempted perpetration of a felony grade DWI offense in violation of R.S. 14:98.” In connection with felony DWI, the legislature specifically stated that “on a conviction of a third offense” the offender shall be imprisoned with or without hard labor. La.R.S. 14:98. Once convicted of manslaughter, the Defendant was punished for the felony which he was perpetrating at the time of the death of the victims, i.e. DWI, and cannot be punished a second time for the same offense. A similar double jeopardy analysis |;ihas been considered in Louisiana’s felony-murder doctrine. When proof of the commission of a felony is an essential element of second-degree murder, double jeopardy precludes the conviction and punishment of the defendant for both crimes. State ex rel. Wikberg v. Henderson, 292 So.2d 505 (La.1974). Thus, by extension of the same principal [sic], the “felony-manslaughter” conviction in this case cannot be had without proof of all of the elements of the felony DWI. When the two offenses are the “same” under either the Blockburger test or the “same evidence” test, separate prosecution of each is jeopardy”

   1 later decision quote this exact passage
   e.g. 4 So. 3d 998 - State v. Cox

2. “Both the United States and the Louisiana Constitutions protect individuals against twice being put in jeopardy for the same offense. One of the fundamental guarantees is protection against multiple punishment for the same offense. State v. Mayeux, 498 So.2d 701 (La.1986). Louisiana courts have applied two distinct tests to determine whether offenses are the same for double jeopardy purposes. In Blockburger v. U.S., 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932), the United States Supreme Court set out the following test: “[...] where the same act or transaction constitutes a violation of two distinct statutory provisions the test to be applied to determine whether there are two different offenses or only one, is whether each provision requires proof of an additional fact which the other does not.” See also State v. Coody, 448 So.2d 100 (La.1984); State v. Vaughn, 431 So.2d 763 (La.1983); and State v. Doughty, 379 So.2d 1088 (La.1980). The other standard used by the courts is the “same evidence test” as follows: “If the evidence required to support a finding of guilty of one crime would also have supported a conviction for the other, the two are the same under a plea of double jeopardy, and a defendant can be placed in jeopardy for only one. The test depends on the evidence necessary for a conviction, not all of the evidence introduced at trial.” See also Coody, 448 So.2d 100 ; Vaughn, 431 So.2d 763 ; and State v. Steele, 387 So.2d 1175 . In a single trial, as in this case,”

   1 later decision quote this exact passage
   e.g. 63 So. 3d 414 - State v. Papillion

3. “It is well settled that a trial judge is presumed to be impartial. State v. Collins, 288 So.2d 602 (La.1974). For an accused to be entitled to the recusation of a trial judge on the grounds of bias, prejudice and personal interest such bias, prejudice and personal interest must be of a substantial nature based on more than mere conclusory allegations. State v. Qualls, 377 So.2d 293 (La.1979).”

   1 later decision quote this exact passage
   e.g. 57 So. 3d 597 - State v. Gasaway