839 So. 2d 1 - State v. Smith’s Empirical Analysis

Citation profile

538 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 542 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[n]o law shall subject any person to . . . excessive . . . punishment.”

   50 later decisions quote this exact passage · from the majority
   e.g. 165 So. 3d 228 - State v. Cureaux · State v. Smith

2. “(c) If the fourth or subsequent felony is such that, upon a first conviction the offender would be punishable by imprisonment for any term less than his natural life then: [[Image here]] (ii) If the fourth felony and two of the prior felonies are felonies defined as a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et seq. when the victim is under the age of eighteen at the time of commission of the offense, or as a violation of the Uniform Controlled Dangerous Substances Law punishable by imprisonment for ten years or more, or of any other crime punishable by imprisonment for twelve years or more, or any combination of such crimes, the person shall be imprisoned for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence.”

   7 later decisions quote this exact passage
   e.g. State v. Nickles · State v. Nelson

3. “This sentence is within the thirty-five to fifty-year range this Court has found acceptable for first offenders convicted of armed robbery. State v. Thomas, 98-1144, p. 2 (La.10/9/98), 719 So.2d 49, 50 ; State v. Augustine, 555 So.2d 1331, 1332 (La. 1990) and the cases cited therein.”

   2 later decisions quote this exact passage · from the majority
   e.g. 977 So. 2d 1074 - State v. Stovall · 34 So. 3d 954 - State v. CASSIMERE