820 So. 2d 526 - State v. Mayeux’s Empirical Analysis

Citation profile

59 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “D.(1)(a) On a conviction of a third offense, notwithstanding any other provision of law to the contrary and regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars. Thirty days of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence. The remainder of the sentence of imprisonment shall be suspended and the offender shall be required to undergo an evaluation to determine the nature and extent of the offender's substance abuse disorder. (b) The treatment professional performing the evaluation shall recommend appropriate treatment modalities which shall include substance abuse treatment at an inpatient facility recommended by the Department of Health and Hospitals, office for addictive disorders and approved by the Department of Public Safety and Corrections for a period of not less than four weeks nor more than six weeks. (c) The offender may be sentenced to additional outpatient substance abuse treatment services to meet the offender's needs if determined to be necessary by the offender's treating physician, for a period not to exceed twelve months. The follow-up treatment shall be provided in a manner to gradually decrease the intensity of treatment services. (d) Upon successful completion of the inpatient substance abuse treatment required by th”

   12 later decisions quote this exact passage · from the dissent
   e.g. State v. Corbitt · State v. Wiltcher

2. “Nothing in the language of the statute changed except the term of imprisonment. Conversely, here, as discussed at length above, the legislature made substantial changes to the penalty provisions of the statute as well as adding a”

   5 later decisions quote this exact passage
   e.g. State v. Wilson · State v. Odle

3. “The legislature hereby finds and declares that conviction of a third or subsequent DWI offense is presumptive evidence of the existence of a substance abuse disorder in the offender posing a serious threat to the health and safety of the public. Further, the legislature finds that there are successful treatment methods available for treatment of addictive disorders.”

   4 later decisions quote this exact passage
   e.g. 827 So. 2d 530 - State v. Sanders · 845 So. 2d 546 - State v. Parker