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← 812 SO2D 128 - State v. Currie

State v. Currie’s Empirical Analysis

2002

Citation profile

6
cited by 6 later decisions
1
states following
March 2017
most recently cited

6 state decisions

Relationships

Relies on Jackson v. Virginia · 445 So. 2d 1198 - State v. Wright · 450 So. 2d 634 - State v. Nealy · 422 So. 2d 123 - State v. Graham · 663 So. 2d 27 - State v. Silman

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

  1. “Historically, the law was intended to preserve the finality of jury verdicts and the confidentiality of discussions among jurors. State v. Richardson, 91,2339 (La.App. 1 Cir. 5/20/94), 637 So.2d 709 ; State v. Harris, 597 So.2d 163 (La.App. 2 Cir.1992). As the Supreme Court has further stated: “[N]o juror is competent to impeach the verdict of the jury on which he served. This firmly-established rule prevents jurors from impeaching their verdict by disclosure of jury deliberations or even by testimony of misconduct within the jury room.” State v. Abney, 347 So.2d 498, 502 (La.1977). | Although not strictly held in criminal cases where, as explained above, there are additional constitutional considerations, in civil cases “affidavits and other testimony by jurors cannot be used as evidence to impeach a jury’s verdict.” Uriegas v. Gainsco, 94-1400 (La.App. 3 Cir. 9/13/95) , 663 So.2d 162, 170 , citing Pitts v. Bailes, 551 So.2d 1363 (La.App. 3 Cir.1989); Theriot v. Theriot, 622 So.2d 257 (La.App. 1 Cir.1993); Coleman v. Brooks, 583 So.2d 133 (La.App. 4 Cir.1991). “One reason for this rule is that if, after being discharged and mingling with the public, jurors are permitted to impeach verdicts which they have rendered, it would invite tampering with the jurors and would place it in the power of a dissatisfied or corrupt juror to destroy a verdict to which he had deliberately given his assent under the sanction of oath.” Parker v. Centenary Heritage Manor, 28,401 (La.App. 2 Cir. ”
    1 later decision quote this exact passage
  2. “119Pr. Jodi Holloway, psychiatrist, said she was assigned to the defendant’s case after it was determined that he was not competent to proceed to trial. She diagnosed him as a paranoid schizophrenic with polysubstance dependence. She determined he was psychotic by his withdrawn demeanor, his difficulty interacting, his paranoid delusions, and his apparent auditory hallucinations. He had dreams of being impaled and other persecutions. He was suicidal: storing aspirin in overdose quantities at the hospital, trying to hang himself, bashing his head against the wall. He believed he had supernatural powers including the ability to stare into the eyes of humans and animals to scare them and the ability to move cars with his mind. The doctor said schizophrenics are at particular risk to become drug users. Family members, in particular mothers, are at particular risk of harm. The condition is strongly genetically based. A family that is dysfunctional can exacerbate symptoms. Dr. Kenneth Perez, child psychiatrist, said he treated the defendant while, he was on the adolescent wing at Southeast Louisiana Hospital in Mandeville, from March 1998 to July 1999 when he was transferred to the adult unit. He described him as psychotic and depressive. He said the defendant’s brain was under a lot of stress, and in many situations such as his, the brain will interpret noise stimulation as voices from religious figures. In the defendant’s situation, .he thought he was hearing the voice of Seth, t”
    1 later decision quote this exact passage
  3. “In Louisiana, a legal presumption exists that a defendant is sane at the time of the offenses. La. R.S. 15:432. To rebut the presumption of sanity and avoid criminal responsibility, defendant has the burden of proving the affirmative defense of insanity by a preponderance of the evidence. La.C.Cr.P. art. 652. Criminal responsibility is not negated by the mere existence of a mental disease or defect. To be exempted of criminal responsibility, defendant must show he suffered a mental disease or mental defect which prevented him from distinguishing between right and wrong with reference to the conduct in question. La. R.S. 14:14; State v. Williams, 346 So.2d 181 (La.1977). The determination of sanity is a factual matter. All the evidence, including expert and lay testimony, along with the defendant’s conduct and action, should be reserved for the fact finder to establish whether the defendant has proven by a preponderance of the evidence that he was insane at the time of the offense. State v. Bibb, 626 So.2d 913 (La.App. 5th Cir.1993), writ denied, 93-3127 (La.9/16/94); 642 So.2d 188 ; State v. Claibon, 395 So.2d 770 (La.1981). Lay testimony pertaining to defendant’s actions, both before and after the crime, may provide the fact finder with a rational basis for rejecting unanimous medical opinion that the defendant was legally insane at the time of the offense. State v. Peters, supra, 94-0283 (La.10/17/94); 643 So.2d 1222 ; State v. Claibon, supra. In reviewing a claim for insuf”
    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.