822 So. 2d 840 - State v. Johnson’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Defendant has a constitutional right to be advised, in a criminal prosecution, of the nature and cause of the accusations against him. La. Const.1974, art. I, § 13. Code of Criminal Procedure article 464 provides: "The indictment shall be a plain, concise and definite written statement of the essential facts constituting the offense charged." The Bill of Information must contain all the elements of the crime intended to be charged in sufficient particularity to allow the defendant to prepare for trial, to enable the court to determine the propriety of the evidence that is submitted upon the trial, to impose the appropriate penalty on a guilty verdict, and to protect the defendant from double jeopardy. State v. Allen, 00-0194 (La.App. 4 Cir. 08/01/01), 793 So.2d 426, 433 , citing State v. Comeaux, 408 So.2d 1099 (La. 1981). When the name of the person injured is substantial and not merely descriptive, it shall be stated in the indictment. LSA-C.Cr.P. art. 473. A defendant may not complain of technical insufficiency in an indictment for the first time after conviction, when the indictment fairly informed the accused of the charge against him and the defendant is not prejudiced by the defect. State v. Michels, 98-608 (La.App. 5 Cir. 1/13/99) , 726 So.2d 449 . The omission of an essential fact does not necessarily create a prejudicial error because such facts can be supplied during discovery, by a bill of particulars. State v. Allen, supra . For these reasons, after the verdict a”

   3 later decisions quote this exact passage
   e.g. 968 So. 2d 1102 - State v. Galindo · 4 So. 3d 1011 - State v. Roberts

2. “element of the charged offense. This assignment of error lacks merit. ASSIGNMENT OF ERROR NUMBER FIVE The Defendant complains that the bill of information was defective, because it did not give him sufficient notice of the crime with which he was charged. Specifically, he argues that the bill failed to fully track the language of La. R.S. 14:106(G)(4), as it did not allege that the victim was”

   1 later decision quote this exact passage
   e.g. 846 So. 2d 22 - State v. Williams