839 So. 2d 455 - State v. Booker’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. “This is not a circumvention of the Code of Evidence. While our Code of Evidence prohibits the use of evidence of other crimes or wrongful acts to prove the character of a person in order to show that he acted in conformity therewith, such evidence is admissible “when it relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding.” | a2La.Code Evid. art. 404(B)(1). In other words, when the evidence is relevant and probative to establish the elements of the crime charged, it is not rendered inadmissible because it also constitutes evidence of other criminal acts. The notice of use of other crimes evidence required under La.Code Evid. art. 404(B) and State v. Prieur, 277 So.2d 126 (La.1973), is not mandated when the evidence is relevant and probative to establish the elements of the crime charged. The limitations of Article 404(B)(1) on the admissibility of “other crimes, wrongs, or acts” evidence apply to exactly that — other crimes, wrongs, or acts — and not to the crime charged. State v. Duncan, 2002-0509, p. 11 (La.App. 1st Cir.9/27/02), 835 So.2d 623 .”

   1 later decision quote this exact passage
   e.g. 988 So. 2d 294 - State v. Robertson