818 So. 2d 807 - State v. Mitchell’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Voice identification is a problem of authentication rather than a problem of a lay witness’s competency to identify a voice. Sufficient authentication can be established by circumstantial evidence pointing to the unseen speaker’s identity or by testimony of a witness familiar with the speaker’s voice. Authentication based on familiarity with the speaker’s voice can be gained subsequent to the communication. (Citations omitted.) State v. Green, 448 So.2d 782 (La.App. 2 Cir.1984). The trial court correctly found that the state laid a sufficient foundation to support Cotty’s lay opinion testimony concerning her inferences regarding the defendant’s voice which were drawn from personal factual observations. Cotty testified that during the course of the robbery, she heard the defendant’s voice “many, many times.” Cotty stated that the defendant shopped in her store, and she had heard his voice before. Cotty explained that the defendant’s mother and family shopped at the store. She said her town was “little bitty,” and she spoke, to just. about everyone who came into the store. This argument is therefore without mefit.”

   1 later decision quote this exact passage
   e.g. 124 So. 3d 523 - State v. Cox

2. “A jury has the prerogative to compromise and render a lesser verdict whenever it could have convicted as charged. State v. Mitchell, 35,970 (La.App.2d Cir.5/08/02), 818 So.2d 807 ; State v. Bryant, 33,078 (La.App.2d Cir.3/1/00), 754 So.2d 387 . Even if an offense is legislatively designated as responsive by La. C. Cr. P. art. 814, a defendant may timely object to an instruction on a responsive verdict on the basis that the evidence does not support that responsive verdict. La. C. Cr. P. art. 814(C). State v. Mitchell, supra ; State v. Johnson, 30,078 (La.App.2d Cir.12/10/97), 704 So.2d 1269 , writ denied, 98-0382 (La.6/26/98), 719 So.2d 1054 . Absent a contemporaneous objection, however, a defendant cannot complain if the jury returns a legislatively-approved responsive verdict, even where there is insufficient evidence to support such a verdict, provided that the evidence is sufficient to support the charged offense. State v. Schrader, 518 So.2d 1024 (La.1988), cert. denied, 498 U.S. 903 , 111 S.Ct. 265 , 112 L.Ed.2d 221 (1990); State v. Mitchell, supra .”

   1 later decision quote this exact passage
   e.g. State v. Butler