844 So. 2d 1060 - State v. Walker’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “La. Const, art. 1 [sic], § 19 provides that “[n]o person shall be subjected to imprisonment or forfeiture of rights or property without the right of judicial review based upon a complete record of all the evidence upon which the judgment is based.” (Emphasis added.) In State v. Ford, 388 So.2d 107 (La.1976), the Louisiana State Supreme Court stated as follows: Without a complete record from which a transcript for appeal may be prepared, a defendant’s right of appellate review is rendered meaningless. A slight inaccuracy in a record or an inconsequential omission from it which is immaterial to a proper determination of the appeal would not cause us to reverse defendant’s conviction. But where a defendant’s attorney is unable, through no fault of his own, to review a substantial portion of the trial record for errors so that he may properly perform his duty as appellate counsel, the interests of justice require that a defendant be afforded a new, fully-recorded trial. Id. at 110 . [[Image here]] In State v. Deruise, 98-0541 (La.4/3/01), 802 So.2d 1224 , cert. denied, 534 U.S. 926 , 122 S.Ct. 283 , 151 L.Ed.2d 208 (2001), the Louisiana Supreme Court set forth guidelines to be used to determine whether 110missing portions of a transcript in a criminal trial require reversal on appeal. That Court stated: Both this court and the United States Supreme Court have made clear that a criminal defendant has a right to a complete transcript of the trial proceedings, particularly, where as”

   1 later decision quote this exact passage
   e.g. 73 So. 3d 391 - State v. Fortenberry