841 So. 2d 80 - State v. Holmes’s Empirical Analysis
2003
Citation profile
5
cited by 5 later decisions
1
states following
November 2012
most recently cited
5 state decisions
Relationships
Relies on 418 So. 2d 515 - State v. Smith · 414 So. 2d 717 - State v. Hayes · 415 So. 2d 182 - State v. Tribbet · 661 So. 2d 1078 - State v. Allen · 646 So. 2d 489 - State v. Manuel
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“La. C. Cr. P. art. 771 provides: In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury: (1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or (2) When the remark or comment is made by a witness or person other than the judge, district attorney, or a court official, regardless of whether the remark or comment is within the scope of Article 770. In such cases, on motion of the defendant, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant a fair trial.”
1 later decision quote this exact passage“Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to: [[Image here]] (2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible; [[Image here]]”
1 later decision quote this exact passage“prejudicial conduct in or outside the courtroom makes it impossible for the defendant to obtain a fair trial[.]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.