817 So. 2d 16 - State v. Simmons’s Empirical Analysis
2002
Citation profile
1 federal appellate · 21 state decisions
Relationships
Relies on 424 So. 2d 246 - State Ex Rel. Elaire v. Blackburn · State v. Poe · State v. Henderson · 639 So. 2d 1137 - State v. Porter · 422 So. 2d 138 - State v. Simmons
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is possible to commit second degree kidnapping without committing simple kidnapping. Indeed, there are ten ways, given the manner in which these statutes define the offenses. Applying Simmons , because reasonable state of facts can be imagined wherein the greater offense is committed without perpetration of the lesser offense, a verdict for the lesser cannot be responsive as required by La. C. Cr. P. art. 815.”
4 later decisions quote this exact passage“Given the fact that the jury, after requesting further instruction, returned a verdict of the only lesser included offense offered, it is entirely possible that the jury would have returned a verdict for the lesser misdemeanor offense of criminal trespass if that charge had been given. This difference is significant since defendant would have escaped sentencing as a multiple offender under La. R.S. 15:529.1 if the jury had convicted him of criminal trespass, a misdemean- or.”
3 later decisions quote this exact passage“[Defendant's request that the jury be given an instruction on criminal trespass as a responsive verdict pursuant to La. C.CrJP. art. 815 was not a request for a “special charge.” Special charges are to be distinguished from general charges, that category under which lesser and included grades of the charged offense, i.e., responsive verdicts pursuant to La. C.Cr.P. art. 815, fall. See Ralph Slovenko, Control Over the Jury Verdict in Louisiana Criminal Law, 20 La. L.Rev. 657, 663-67 (1960) (distinguishing special charges from general charges and explaining, under the heading of ‘general charges,’ that the trial judge ‘must charge the law as to the lesser included offense which the jury can return a verdict’).”
2 later decisions 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.