809 So. 2d 549 - State v. Gordon’s Empirical Analysis
2002
Citation profile
4
cited by 4 later decisions
1
states following
September 2012
most recently cited
4 state decisions
Relationships
Relies on Jackson v. Virginia · Tibbs v. Florida · State v. Williams · 772 So. 2d 78 - State v. Mitchell · 459 So. 2d 31 - State v. Richardson
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“PATENT ERROR La.Code Crim. P. art. 920, entitled “Scope of appellate review”, provides that “The following matters and no others shall be considered on appeal: ... (2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.” (Emphasis added.) La. Code Crim. P. art. 5, entitled “Mandatory and permissive language”, provides, in pertinent part, that “The word ‘shall’ is mandatory .... ” (Emphasis added.) This language is clear and unambiguous. Its application is not limited to errors favorable or unfavorable to either the state or a criminal defendant. La. Civ. Code art. 9 states the basic rule for the interpretation of laws and provides, in pertinent part, that “When a law is clear and unambiguous ... the law shall be applied as written.... ” As mandated by Article 920, a patent error review has been made of the record on appeal and patent sentencing errors have been found. L/The defendant was convicted of driving while intoxicated (DWI), fourth offense, a violation of La. R.S. 14:98. He subsequently was sentenced to ten years at hard labor with two years to be served without benefit of parole, probation, or suspension of sentence. However, according to the sentencing tran script, the trial court failed to impose the mandatory fine for a conviction of fourth offense DWI and failed to order the defendant to participate in a court-approved substance abuse program and a court-approved driver improvement program. S”
1 later decision quote this exact passage“The following matters and no others shall be considered on appeal: ... (2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.”
1 later decision quote this exact passagee.g. State v. Paoli
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.